»07-  16  H 


ORDINANCES 


OF 

City  of  Mount  Vernon 

ADOPTED  APRIL  16,  1907 
AS  AMENDED 


PUBLISHED  BY  AUTHORITY  OF  THE  COMMON  COUNCIL 

OF 

THE  CITY  OF  MOUNT  VERNON 
April  28,  1914 


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ORDINANCES 


OF 

City  of  Mount  Vernon 

ADOPTED  APRIL  16,  1907 
AS  AMENDED 


PUBLISHED  BY  AUTHORITY  OF  THE  COMMON  COUNCIL 

OF 

THE  CITY  OF  MOUNT  VERNON 


April  28,  1914 


Liberty  Press 


MOUNT  VERNON,  N.  Y. 


K1 


TABLE  OF  CONTENTS 


CHAPTER  I.  Page 

Sections  1-6. 

Bicycles,  tricycles  and  roller  skates;  speed,  lights,  etc.;  pen- 
alty   9-10 

CHAPTER  II. 

Sections  1-2. 

Lights  on  vehicles  at  night;  penalty 10 

CHAPTER  III. 

Sections  1-2. 

Automobiles  and  other  vehicles;  speed-limit 10 

CHAPTER  IV. 

Sections  1-3. 

Minors  driving  vehicles;  age  limit,  16;  owners’  penalties 10 

CHAPTER  V. 

Sections  1-5. 

Trolley  cars;  full  stop  at  certain  streets  and  avenues;  schools; 

speed  limits;  penalties * 10-11 

CHAPTER  VI. 

Sections  1-3. 

Fenders  on  trolley  cars;  penalties. 11 

CHAPTER  VII. 

Sections  1-4. 

Feeding  of  horses  on  public  street  without  being  sufficiently 

fastened;  or  leaving  unattended  or  untied;  penalty 11-12 

CHAPTER  VIII. 

Sections  1-4. 

Running  at  large  of  animals  in  streets;  pound  keeper;  pound 
and  injury  to;  penalties  12 

I?  4 


CHAPTER  IX.  Page 

Sections  1-3. 

Vehicles  carrying  sand,  garbage  and  other  loose  materials  over 

city  streets;  construction  of;  covering;  droppings;  penalties  13 

CHAPTER  X. 

Sections  1-2. 

Playing  of  hand  organs  on  streets  at  night;  penalty 13 

CHAPTER  XI. 

Sections  1-2. 

Moving  of  buildings  along  or  across  streets,  etc.;  permit; 
bond;  penalty 13 

CHAPTER  XII. 

Sections  1-5. 

Shade  trees  and  injury  to,  or  defacement  by  animals,  or  per- 
sons; penalty 13-14 

CHAPTER  XIII. 

Sections  1-5. 

Making  openings  in  streets  and  sidewalks;  permit;  fee; 
street  obstructions,  etc.;  penalties. 14-15 

CHAPTER  XIV. 

Sections  1-3. 

Removal  of  flag  walks;  permits;  substitute  walks;  penalties.  15 

CHAPTER  XV. 

Sections  1-5. 

Building  material  on  streets,  etc.;  permits;  regulations; 
penalty  15-16 

CHAPTER  XVI. 

Sections  1-2. 

Obstructions  on  streets;  removal  by  police;  penalty 16 

CHAPTER  XVII. 

Sections  1-4. 

Placing  of  goods,  wares  and  merchandise  on  side-walks  of 
streets;  permits  for  stands;  penalties 16-17 


CHAPTER  XVIII.  Page 

Sections  1-5. 

Use  of  sidewalks  within  and  without  stoop  lines  for  signs, 
awnings,  etc.;  construction  of;  location;  permits;  penalties.  17 

CHAPTER  XIX. 

Sections  1-2. 

Erection  of  telephone  and  telegraph  poles;  dimensions  of; 
permits;  penalties  17-18 

CHAPTER  XX. 

Sections  1-6. 

Stringing  wires;  size  and  location  of  poles  and  wires;  penal- 
ties   18 

CHAPTER  XXI. 

Sections  1-4. 

Removal  of  snow  and  ice  by  abutting  owners  on  streets,  etc., 
within  and  without  fire  limits;  penalties 18-19 

CHAPTER  XXII. 

Sections  1-2. 

Throwing  of  papers,  etc.,  in  yards  and  other  places;  circulars, 
posters  and  handbills;  penalties 19 

CHAPTER  XXIII. 

Sections  1-3. 

Burning  of  papers,  etc.,  prohibited 19-20 

CHAPTER  XXIV. 

Sections  1-4. 

Bill  posting,  regulated;  penalties  20 

CHAPTER  XXV. 

Sections  1-9. 

Relative  to  blasting;  the  keeping,  storing  and  transportation 
of  explosives;  penalties 20-21 

CHAPTER  XXVI. 

Sections  1-13. 

Prohibiting  placing  of  chairs  and  obstructions  in  the  aisles  of 
theatres,  etc.,  and  regulating  swing  doors;  penalties 22-23 


CHAPTER  XXVII.  Page 

Sections  1-2. 

In  relation  to  fire  limits 23-24 

CHAPTER  XXVIII. 

Sections  1-12. 

Relative  to  fire  apparatus;  precautions  against  fires;  fire  war- 
dens, etc.;  penalties  24-26 

CHAPTER  XXIX. 

Sections  1-8. 

Regulating  sale  of  newspapers  by  minors;  penalties 26-27 

CHAPTER  XXX. 

Keeping  and  licensing  of  dogs  (Repealed  Dec.  19,  1911;  See 

Chap.  718,  Laws  of  1911) 27 

CHAPTER  XXXI. 

Sections  1-19. 

Relative  to  nuisances  and  preservation  of  good  order 27-30 

CHAPTER  XXXII. 

Sections  1-22. 

Inspection  of  steam  boilers  and  engines  and  licensing  of  en- 
gineers   30-35 

CHAPTER  XXXIII. 

Sections  1-12. 

Relative  to  erection,  installation,  altering  and  repairing  of  elec- 
trical constructions;  duties  and  powers  of  city  electricians.  35-37 

CHAPTER  XXXIV. 

Sections  1-30. 

Relative  to  hackney  coaches,  cabs,  stages  or  other  vehicles 

used  for  conveyance  of  passengers 37-41 

CHAPTER  XXXV. 

Sections  1-10. 

Relative  to  weights  and  measures,  sealer  of;  powers  and 
duties  41-42 


CHAPTER  XXXVI.  Page 

Sections  1-3. 

Relative  to  licensing  auctioneers 42-43 

CHAPTER  XXXVII. 

Sections  1-3. 

Relative  to  peddling;  licensing 43-44 

CHAPTER  XXXVIII. 

Sections  1-13. 

Relative  to  junk  shops;  licensing 44-45 

CHAPTER  XXXIX. 

Sections  1-3. 

Prohibiting  the  production  of  unwholesome,  offensive  or  dele- 
terious gas  and  smoke 45-46 

CHAPTER  XL. 

Sections  1-2. 

Relative  to  ingredients  of  illuminating  gas 46 

CHAPTER  XLI. 

To  prevent  the  oppressive  collection  of  arbitrary  charges  for 
water  from  citizens 46-47 

CHAPTER  XLI-a. 

Sections  1-3. 

Relative  to  the  construction  of  leader  pipes 47 

CHAPTER  XLI-b 
Sections  1-2. 

Driving  upon  or  over  sidewalks 47 

CHAPTER  XLI.-c. 

Relating  to  the  operating  of  street  cars 47 

(Rescinded  March  15,  1910.) 

CHAPTER  XLI-d. 

Articles  1-14. 

Rules  for  driving  and  regulation  of  street  traffic  in  the  City  of 
Mount  Vernon  47  51 


CHAPTER  XLI-e. 


Page 


Relating  to  carrying  of  pistols,  etc 51 

(Abrogated  by  Chapter  608,  Laws  of  1913.) 

CHAPTER  XLI-e. 

Sections  1-5. 

In  relation  to  regulation  of  billiard  rooms 51-52 

CHAPTER  XLI-f. 

Sections  1-5. 

Relative  to  operating  trolley  cars 52-53 

CHAPTER  XLI-g. 

Sections  1-4. 

Relating  to  licenses  to  conduct  transient  retail  business 53 

CHAPTER  XLII. 

(Miscellaneous  Provisions.) 

Sections  1,  2,  3,  4. 

Definitions;  penalties  where  none  otherwise  provided;  repeal- 
ing clause;  when  ordinances  take  effect 53-54 


ORDINANCES 


OF  THE 

CITY  OF  MOUNT  VERNON,  N.  Y. 

ADOPTED  APRIL  16,  1907 
AS  AMENDED 


CHAPTER  I. 

Bicycles. 

Section  1.  No  person  shall  at  any 
time,  ride  any  bicycle  or  tricycle  upon 
any  of  the  sidewalks  within  the  cor- 
porate limits  of  the  City  of  Mount 
Vernon. 

Section  2.  No  person  shall  ride  any 
bicycle  or  tricycle  upon  any  of  the 
streets  or  avenues  of  the  City  of 
Mount  Vernon  between  the  hours  of 
sunset  and  sunrise,  without  such  bi- 
cycles or  tricycles  having  a lighted 
lantern  of  the  character  usually  car- 
ried on  such  vehicles,  and  shall  also 
be  provided  with  a bell  or  whistle 
which  the  rider  of  said  vehicle  shall 
ring  or  blow  when  passing  street 
crossings. 

Section  3.  No  person  shall  ride 
any  bicycle  or  tricycle  on  any  street 
or  avenue  within  the  City  of  Mount 
Vernon  at  a greater  rate  of  speed 
than  eight  miles  an  hour. 

Section  4.  No  person,  or  persons 
while  riding  any  bicycle  or  wheel 
shall  engage  in  what  is  commonly 
known  as  “Coasting”  on  such  wheel, 
or  bicycle  upon  any  street  or  highway 
within  the  corporate  limits  of  the  City 
of  Mount  Vernon. 

Section  5.  No  person  shall  throw. 


drop,  or  place,  or  cause,  or  procure  to 
be  thrown,  dropped,  or  placed  in  or 
upon  any  highway,  street  or  public 
place  within  the  corporate  limits  of 
the  City  of  Mount  Vernon  any  glass, 
tacks,  nails,  pieces  of  metal  or  other 
substances  which  might  injure  or 
damage  a bicycle  or  other  vehicle 
commonly  called  a “cycle”  or  “wheel.” 

Section  5-a.  No  person  shall  at  any 
time  skate>  with  roller  skates  or  other 
device,  upon  the  sidewalks  of  the  fol- 
lowing streets  and  parts  of  streets 
within  the  corporate  limits  of  the  City 
of  Mount  Vernon,  to  wit: 

On  First  street,  east  and  west,  be- 
tween Second  avenue  and  Twelfth 
avenue; 

On  Third  street,  between  Fifth  ave- 
nue and  Columbus  avenue; 

On  Fourth  avenue,  north  and  south, 
between  Third  street  and  Lincoln  ave- 
nue; 

On  Fifth  avenue,  between  First 
street  and  Second  street;  Park  ave- 
nue, between  Prospect  and  East  Sid- 
ney avenues; 

On  Mount  Vernon  avenue; 

On  any  street  or  avenue  within  fifty 
feet  of  its  intersection  with  any  of  the 
streets  or  avenues  hereinbefore  set 
forth. 

Section  6.  Any  violation  of  the 


9 


10 


provisions  of  this  ordinance  shall  be 
punishable  by  a fine  of  not  more  than 
ten  dollars,  or  by  imprisonment  in  the 
county  jail  for  not  more  than  ten 
days,  or  by  both  such  fine  and  im- 
prisonment. 

CHAPTER  II. 

Lights  on  Vehicles. 

Section  1.  Each  and  every  vehicle, 
other  than  motor  vehicles  and  street 
cars,  while  in  use  upon  any  street, 
avenue  or  highway  of  the  City  of 
;Mount  Vernon,  shall  he  provided  dur- 
ing the  period  from  one-half  hour  after 
sunset  to  one-half  hour  before  sun- 
rise, with  a lamp  showing  a white 
light,  visible  for  a distance  of  at  least 
two  hundred  (200)  feet  in  the  direc- 
tion toward  which  such  vehicle  is 
proceeding,  and  showing  a red  light 
visible  for  a distance  of  at  least  two 
hundred  (200)  feet  in  the  direction 
from  which  such  vehicle  is  proceed- 
ing, which  such  lamp  shall  he  placed 
or  fixed  upon  the  left  side  of  such 
vehicle  so  as  to  be  plainly  visible  and 
free  from  obstruction.  All  motor  ve- 
hicles shall  be  provided  with  lamps 
as  provided  by  the  State  Highway  Law. 

Section  2.  Any  person  or  persons 
violating  the  provisions  of  section  one 
of  this  ordinance  shall  be  punishable 
by  a fine  of  five  dollars  for  each  and 
every  oiTense,  or  by  imprisonment  in 
the  county  jail  of  Westchester  county 
not  exceeding  five  days  or  by  both 
such  fine  and  imprisonment. 

CHAPTER  III. 

Automobiles,  etc.,  Speed  Limit. 

Section  1.  No  automobile,  motor 
vehicle  or  other  vehicle  of  any  de- 
scription whatever,  shall  be  run, 
driven  or  operated  upon  any  street  or 
public  highway  within  the  corporate 
limits  of  the  City  of  Mount  Vernon 
at  a greater  rate  of  speed  than  fifteen 
(15)  miles  per  hour;  provided  signs 
with  an  arrow  pointing  toward  said 
city  with  the  rate  of  speed  designated 
thereon  have  been  duly  placed  in  a 


conspicuous  and  readable  manner  on 
each  main  public  highway  where  the 
city  line  of  the  City  of  Mount  Vernon 
crosses  the  same. 

Section  2.  Any  person  or  persons 
violating  the  profusions  of  this  ordin- 
ance, whether  owner,  occupant,  opera- 
tor or  driver  of  said  automobile,  mo- 
tor vehicle  or  other  vehicle,  shall  be 
deemed  guilty  of  a misdemeanor,  and 
upon  conviction  of  said  violation  shall 
be  punishable  for  a first  conviction 
by  a fine  of  twenty-five  dollars;  for  a 
second  conviction,  by  a fine  of  fifty 
dollars;  and  upon  a third  or  subse- 
quent conviction,  by  a fine  of  one  hun- 
dred dollars. 

CHAPTER  IV. 

Minors  Driving  Vehicles. 

Section  1.  No  person  or  persons 
under  the  age  of  sixteen  (16)  years 
shall  drive  any  horse  or  operate  any 
automobile  or  motor  vehicle  of  any 
description  upon  the  streets,  avenues, 
or  highways  of  the  City  of  Mount 
Vernon. 

Section  2.  Xo  person  owning,  con- 
trolling or  in  possession  of  any  horse, 
automobile  or  other  motor  vehicle 
shall  allow  the  same  to  be  driven  or 
operated  upon  the  streets,  avenues  or 
highways  of  the  City  of  Mount  Ver- 
non by  any  person  or  persons  under 
said  age  of  sixteen  (16)  years. 

Section  3.  Any  person  or  persons 
violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of 
misdemeanor  and  upon  conviction 
thereof,  shall  be  punishable  by  a fine 
of  not  less  than  ten  (10)  dollars  nor 
more  than  twenty-five  (S25)  dollars 
for  each  and  every  offense,  or  by  im- 
prisonment in  the  county  jail  of  West- 
chester county  for  a period  not  ex- 
ceeding twenty-five  days,  or  by  both 
such  fine  and  imprisonment. 

CHAPTER  V. 

Operation  of  Trolley  Cars. 

Section  1.  Any  person,  persons  or 
corporation  operating  or  running  an 


11 


electric  car  upon  the  streets  or  high- 
ways in  the  city  of  Mount  Vernon, 
shall  cause  such  car  or  cars  to  come 
to  a full  stop  on  approaching  the 
Third,  Fourth,  Sixth,  Tenth  avenue 
and  Scott’s  Bridge  crossings  on  First 
street,  the  Bond  street,  crossing  on 
Mount  Vernon  avenue,  the  Second 
street  crossing  on  South  Fourth  av- 
enue, and  South  Fifth  avenue,  and 
within  a distance  of  two  hundred  feet 
of  all  fire  houses,  in  said  city  of 
Mount  Vernon. 

Section  2.  Any  person  or  persons 
or  corporations  operating  or  running 
an  electric  car  or  cars  upon  the 
streets  or  highways  in  the  city  of 
Mount  Vernon,  shall  cause  such  car 
or  cars  to  come  to  a full  stop  at  a 
distance  of  two  hundred  feet  from  any 
building  used  for  public  school  pur- 
poses; and  to  maintain  a rate  of  speed 
not  to  exceed  four  miles  per  hour, 
while  passing  from  such  point  of  stop- 
page, in  front  of  said  building,  and  for 
a distance  of  two  hundred  feet  beyond 
the  same. 

Section  3.  No  person,  persons,  or 
corporation  shall  operate  or  run  any 
electric  car  or  cars  upon  any  surface 
railroad  within  the  corporate  limits 
of  the  city  of  Mount  Vernon  at  a 
greater  rate  of  speed  than  ten  (10) 
miles  per  hour. 

Section  4.  No  person  or  persons 
operating  electric  cars  within  the 
corporate  limits  of  the  city  of  Mount 
Vernon,  shall  operate  or  run  any  elec- 
tric car  or  cars  on  First  street.  South 
Fourth  avenue  or  South  Fifth  avenue 
between  First  and  Third  streets  in  the 
city  of  Mount  Vernon  at  a greater 
speed  than  six  miles  per  hour. 

Section  5.  Any  person  who  violates 
any  of  the  provisions  of  this  ordi- 
nance shall  be  punishable  by  a fine  of 
not  less  than  ten  dollars  nor  more 
than  twenty-five  dollars  or  by  im- 
prisonment in  the  county  jail  of  West- 
chester county  for  a period  of  not 
more  than  ten  days,  or  by  both  such 
fine  and  imprisonment. 


CHAPTER  VI. 

Fenders  on  Trolley  Cars. 

Section  1.  It  shall  not  be  lawful 
for  any  person  or  corporation  to  run 
or  operate  any  car  on  any  street  rail- 
road in  the  city  of  Mount  Vernon  un- 
til said  car  shall  be  equipped  with  and 
carry  at  the  front  end  thereof  a suit- 
able and  proper  fender  so  constructed 
that  it  will  be  impossible  for  any  per- 
son to  pass  under  the  said  fender  or 
under  the  front  platform  of  said  car 
and  to  come  in  contact  with  the 
wheels  of  said  car. 

Section  2.  The  term  “front  end” 
or  “front  platform”  as  used  in  this  or- 
dinance shall  be  construed  as  mean- 
ing the  end  or  platform  of  any  such 
car  in  the  direction  in  which  the  car 
is  proceeding. 

Section  3.  Any  person  so  operating 
such  car  which  violates  the  provisions 
of  this  ordinance  shall  be  punishable 
by  a fine  of  not  more  than  twenty-five 
dollars,  or  by  imprisonment  in  the 
county  jail  of  Westchester  for  not 
more  than  twenty-five  days,  or  by  both 
such  fine  and  imprisonment,  and  in  ad- 
dition thereto,  each  and  every  person 
and  each  and  every  corporation  the 
officers,  agents  and  servants  of  which 
shall  violate  any  of  the  provisions  of 
this  ordinance  shall  be  liable  to  a 
penalty  in  the  sum  of  twenty-five  dol- 
lars for  each  and  every  time  any  such 
car  shall  be  so  run  or  operated  in 
violation  of  this  ordinance,  which 
penalty  or  penalties  shall  be  recovered 
in  a civil  suit  or  suits,  brought  by  the 
corporation  counsel  in  the  name  and 
for  the  benefit  of  the  city  of  Mount 
Vernon,  and  shall  be  paid  to  the  city 
treasurer. 


CHAPTER  VII. 

Feeding  of  Horses  on  the  Public 
Streets  Without  Being  Sufficiently 
Fastened. 

Section  1.  No  person  or  persons 
shall  feed  his  or  their  horse  or  horses 
on  South  Fourth  avenue  between  First 


12 


street  and  Third  street,  in  the  city  of 
Mount  Vernon, 

Section  2.  No  person  or  persons 
shall  feed  his  or  their  horse  or  horses 
on  any  street  or  avenue  in  the  city  of 
Mount  Vernon  without  being  suf- 
ficiently tied  or  fastened. 

Section  3.  No  person  or  persons 
shall  leave  his  or  their  horse  or  horses 
in  any  street  or  avenue  of  this  city  un- 
attended or  without  being  sufficiently 
tied,  nor  shall  such  horse  or  horses 
be  fastened  in  such  way  as  to  obstruct 
any  sidewalk  or  crosswalk. 

Section  4.  Any  person  violating  any 
of  the  provisions  of  this  ordinance 
shall  be  punishable  by  a fine  of  not 
more  than  ten  dollars  or  by  imprison- 
ment in  the  county  jail  of  Westches- 
ter county  for  not  more  than  ten  days, 
or  by  both  such  fine  and  imprison- 
ment. 


CHAPTER  VIII. 

In  Relation  to  the  Running  at  Large 
of  Animals  in  the  Street. 

Section  1,  No  cattle,  horses,  asses, 
mules,  sheep,  goats,  swine,  geese  or 
fowls,  shall  be  permitted  to  run  at 
large,  or  to  be  pastured,  in  or  upon 
any  street,  and  if  found  running  at 
large  therein,  or  being  pastured  there- 
in, such  animals  may  be  impounded 
in  the  city  pound,  from  which  they 
shall  not  be  released  until  there  shall 
be  paid  to  the  pound-keeper  the  sum 
of  five  dollars  for  every  cattle,  horse, 
ass,  or  mule;  two  dollars  for  every 
swine,  two  dollars  for  every  goat,  and 
thirty  cents  for  every  goose,  fowl  or 
sheep  impounded  as  aforesaid,  one-half 
of  which  sum  or  sums  shall  be  paid  to 
the  said  pound-keeper  for  the  use  of 
the  person  driving  said  animal  or  ani- 
mals to  said  pound,  and  the  other  half 
shall  be  retained  by  said  pound-keep- 
er (by  him  to  be  paid  to  the  city  clerk, 
who  shall  remit  the  same  to  the  city 
treasurer  in  like  manner  as  he  is  now 
required  by  law  to  remit  sums  receiv- 


ed by  him)  and  also  until  the  pound- 
keeper  be  paid  the  reasonable  cost  of 
providing  for  necessary  sustenance  for 
the  animal  so  impounded,  and  for  ad- 
vertising and  selling  the  same.  Pound- 
keepers  shall  receive  no  animals  from 
a minor. 

Section  2.  It  shall  be  the  duty  of 
the  pound-keeper  to  provide  neces- 
sary sustenance  for  all  animals  im- 
pounded and  kept  in  any  of  the  pub- 
lic pounds,  and  it  shall  be  lawful  for 
the  pound-keeper  to  rsell  at  public  ven- 
due any  animal  or  animals  impounded, 
pursuant  to  the  preceding  section  1,  at 
any  time  after  the  expiration  of  one 
week,  from  the  time  they  shall  be  so 
impounded,  the  said  pound-keeper  giv- 
ing at  least  forty-eight  hours  pre- 
vious public  notice  of  the  time  and 
place  of  sale  by  advertisement  to  be 
put  up  at  the  pound  and  three  other 
public  places.  But  upon  the  payment 
of  the  penalty  prescribed  in  the  pre- 
ceding section,  and  the  expense  of 
sustenance  as  aforesaid,  at  any  time 
before  sale  the  same  shall  be  released. 
The  pound-keeper  shall,  after  retain- 
ing from  such  sale  all  expenses  incur- 
red for  sustenance  and  the  penalty, 
pay  the  balance  to  the  city  clerk  as 
aforesaid.  The  pound-keeper  shall  not 
purchase  or  be  interested,  directly  or 
indirectly,  in  the  purchase  of  animals 
sold  by  h’m  as  pound-keeper,  under  a 
penalty  of  ten  dollars  and  a forfeiture 
of  his  office. 

Section  3.  No  person  shall  break 
into  or  attempt  to  break  into  or  in  any 
manner  injure  any  of  the  city  pounds, 
under  a penalty  of  fifty  dollars. 

Section  4.  No  person  shall  rescue 
or  turn  away  from  the  custody  of  any 
person  driving  to  the  city  pound,  any 
animal  prohibited  from  running  at 
large,  or  pasturing  in  any  street,  or 
interfere  with,  obstruct,  or  hinder  any 
person  driving  such  animals  under  a 
penalty  of  not  more  than  fifty  dollars, 
or  by  imprisonment  in  the  county  jail 
of  Westchester  county  for  not  more 
than  fifty  days,  or  by  both  such  fine 
and  imprisonment. 


13 


CHAPTER  IX. 

In  relation  to  Carts,  and  Vehicles  for 
the  Transportation  of  Sand,  Gar- 
bage, and  other  Loose  Material, 
and  to  Prevent  the  Dropping  of 
Said  Material  upon  the  streets  of 
said  City. 

Section  1.  Every  cart,  truck  or 
other  vehicle  used  to  convey  or  trans- 
port dirt,  manure,  sand,  gravel,  bro- 
ken stone,  mud,  ashes,  lime,  garbage, 
•swill,  offal  or  other  loose  material  in 
or  upon  any  of  the  streets,  avenues  or 
highways  of  the  city  of  Mount  Vernon, 
shall  be  fitted  with  a good  and  sub- 
stantial tight  box  thereon,  so  that  no 
portion  of  said  dirt,  sand  or  other  ma- 
terial above  mentioned  shall  be  scat- 
tered or  thrown  into  any  of  said 
streets,  avenues  or  highways  and  all 
carts  or  other  vehicles,  when  used  in 
carting  slacked  lime,  garbage,  offal, 
swill  and  other  offensive  matter,  or 
ashes,  shall  have  the  box  thereon 
closely  covered  with  a sufficient  cov- 
ering of  cloth  or  boards  closely  fitted 
so  as  to  prevent  the  escape  or  flying 
about  of  any  of  the  contents  or  afflu- 
via  therefrom,  and  every  person  using 
such  cart  or  other  vehicle  for  any 
such  purpose,  without  it  being  so  fit- 
ted, shall  be  deemed  guilty  of  a vio- 
lation of  this  section. 

Section  2.  No  person  or  persons  in 
charge  of  any  cart  or  other  vehicle 
used  for  carrying  or  transporting 
any  of  the  materials  specified  in  sec- 
tion one  of  this  ordinance  shall  suffer 
or  allow  any  of  said  materials  to  be 
dropped  or  thrown  from  said  cart  or 
other  vehicle  upon  any  of  the  streets, 
avenues  or  highways  of  said  city  of 
Mount  Vernon. 

Section  3.  Any  person  or  persons 
violating  any  of  the  provisions  of  this 
ordinance  shall  be  deemed  guilty  of  a 
misdemeanor,  and  on  conviction  there- 
of shall  be  punishable  by  a fine  of  not 
more  than  ten  dollars  or  by  imprison- 
ment In  the  county  jail  of  Westches- 
ter county  not  exceeding  ten  days,  or 
by  both  such  fine  and  imprisonment. 


CHAPTER  X. 

In  Relation  to  the  Playing  of  Hand 
Organs  in  or  upon  any  Street  or 
Avenue,  Lane  or  Public  Square  of 
the  City  of  Mount  Vernon. 

Section  1.  No  person  or  persons 
shall  after  nine  o’clock  at  night  play 
a hand  organ  in  or  upon  any  street, 
avenue  or  public  square. 

Section  2.  Any  person  or  persons 
violating  the  provisions  of  this  ordi- 
nance, shall,  upon  conviction,  be  pun- 
ishable by  a fine  of  not  more  than  five 
dollars,  or  by  imprisonment  in  the 
county  jail  of  Westchester  county  for 
not  more  than  five  days,  or  by  both 
such  fine  and  imprisonment. 

CHAPTER  XI. 

Removal  of  Buildings. 

Section  1.  No  permission  shall  be 
given  for  the  removal  of  any  building, 
along  or  across  the  street,  avenues, 
highways  or  lanes  of  this  city,  without 
the  party  applying  for  such  permis- 
sion, shall  execute  and  file  a bond  to 
the  mayor  of  this  city  in  the  penal 
sum  of  one  thousand  dollars,  indemni- 
fying this  city  against  suits  for  dam- 
ages, that  may  arise  by  reason  of  such 
removal,  and  conditioned  that  any 
such  building  shall  be  removed  in  a 
proper  manner  satisfactory  to  the 
commissioner  of  public  works  and 
within  the  time  limited  in  said  permit 
without  damage  to  any  of  the  streets, 
avenues,  highways,  and  lanes,  or  the 
trees  along  the  same. 

Section  2.  Any  person  violating  any 
of  the  provisions  of  this  ordinance, 
shall  be  punishable  by  a fine  of  not 
more  than  fifty  dollars,  or  by  im- 
prisonment in  the  county  jail  of  West- 
chester county  for  not  more  than  fifty 
days,  or  by  both  such  fine  and  impris- 
onment. 

CHAPTER  XII. 

Injury  to,  or  Defacement  of  Shade 
Trees. 

Section  1.  No  person,  persons  ol 
corporation  owning  or  having  charge 


14 


or  control  of  any  horse,  goat  or 
other  animal,  shall  suffer,  permit,  or 
allow  said  horse,  goat,  or  other  ani- 
mal, to  in  any  manner  gnaw,  break 
or  deface  any  shade  tree  upon  any 
of  the  streets,  avenues,  sidewalks, 
public  places  or  parks  within  the  city 
of  Mount  Vernon. 

Section  2.  No  person  shall  climb, 
or  ascend  any  shade  tree  located  on 
any  of  the  streets,  avenues,  side- 
walks, public  places  or  parks  within 
the  city  of  Mount  Vernon  by  means 
of  any  spur,  spurs  or  other  device, 
which  in  any  manner  injures,  defaces 
or  otherwise  mars  the  same. 

Section  3.  No  person,  or  persons, 
telephone,  telegraph,  messenger,  or 
other  company  or  corporation  shall, 
without  the  written  consent  of  the 
owner  and  the  mayor,  cut  or  mar 
any  of  the  trees,  or  branches  there- 
of, in  this  city  for  any  reason  or  pur- 
pose whatever. 

Section  4.  Any  violation  of  the 

provisions  of  section  1 of  this  ordi- 
nance shall  be  deemed  a misdemeanor 
and  on  conviction  thereof,  the  per- 
son so  offending  shall  be  punishable 
by  a fine  of  not  more  than  ten  dol- 
lars, for  each  offense,  or  by  im- 

prisonment in  the  county  jail  of 
Westchester  county  for  a period  not 
exceeding  ten  days  or  by  both  such 
fine  and  imprisonment. 

Section  5.  Any  violation  of  any 

of  the  provisions  of  section  2 or  sec- 
tion 3 of  this  ordinance  shall  be 
deemed  a misdemeanor  and,  on  con- 
viction thereof,  the  person  so  offend- 
ing shall  be  punishable  by  a fine  of 
not  less  than  five  ($5)  dollars,  or 
more  than  fifty  ($50)  or  by  imprison- 
ment in  the  county  jail  of  West- 
chester county  not  less  than  five 
days  or  more  than  thirty  (30)  days, 
or  by  both  such  fine  and  imprison- 
ment. 

CHAPTER  XIII. 

In  Relation  to  Making  Openings  In 

Streets  and  Sidewalks. 

Section  1.  All  persons  are  hereby 
forbidden  to  make  any  opening  or 


excavation  in  any  street  or  sidewalk 
or  public  place  in  the  city  of  Mount 
Vernon  for  any  purpose  without  first 
obtaining  permission  from  the  com- 
missioner of  public  works,  and  such 
opening  or  excavation  must  be  made 
under  the  supervision  of  the  commis- 
sioner of  public  w'orks,  unless  other 
provision  be  provided  by  the  Com- 
mon Council  of  said  city. 

Section  2.  All  persons  requesting 
permits  to  open  macadamized  streets 
or  roads  in  this  city  for  any  purpose 
whatever  shall  pay  to  the  clerk  for 
the  use  of  the  city  a fee  of  ten  dol- 
lars. 

Section  3.  Any  person  or  corpora- 
tion who  shall  place  of  cause  to  be 
placed  in  any  of  the  streets,  alleys, 
or  public  squares  of  the  city  any 
building  materials,  or  any  other  heap 
or  pile  of  earth,  stone  or  sand,  or 
any  other  obstruction  whatever,  or 
who  shall  make  or  cause  to  be  made 
any  excavation  in  any  such  street, 
alley  or  square  shall  during  each 
night  that  the  same  shall  continue, 
cause  such  excavation  to  be  sur- 
rounded by  a good  and  sufficient 
barrier  and  a sufficient  light  or  lights 
to  be  maintained  near  such  obstruc- 
tion or  excavation,  for  the  protection 
of  travelers  and  passengers  from  dam- 
age or  injury  by  reason  of  such  ob- 
struction or  excavation.  This  section 
shall  not  exempt  such  person  or  cor- 
poration from  liability  to  the  city  for 
any  damages  sustained. 

Section  4.  No  corporation  now  or 
hereafter  having  a contract  with  this 
city  shall  open  any  of  the  streets, 
avenues,  sidewalks  or  public  grounds 
of  this  city  for  any  purpose  men- 
tioned in  such  agreement  without 
first  giving  five  days’  written  notice 
to  the  commissioner  of  public  works 
of  its  intention  to  open  such  streets, 
avenues,  sidewalks,  or  public  grounds, 
and  no  such  corporation  shall  open 
any  of  the  streets  or  highways  of  this 
city  between  the  first  day  of  Decem- 
ber and  the  first  day  of  March  with- 
out special  permit  from  the  commis- 
sioner of  public  works. 


15 


This  section  shall  not  exempt  such 
corporation  from  liability  to  the  city 
for  any  damages  sustained,  nor  from 
provisions  or  restrictions  existing  in 
any  contract  the  city  may  now  have 
or  hereafter  may  have  with  such  cor- 
poration. 

Section  5.  Any  person,  persons  or 
corporations  violating  any  of  the  pro- 
visions of  this  ordinance  shall  be 
punishable  by  a fine  of  not  more 
than  fifty  dollars,  or  by  imprison- 
ment in  the  county  jail  of  Westches- 
ter county  for  not  more  than  fifty 
days,  or  by  both  such  fine  and  im- 
prisonment; and  in  addition  thereto 
shall  be  subject  to  a penalty  of  fifty 
dollars  for  every  such  violation,  to 
be  recovered  in  a civil  action,  to  be 
brought  in  the  name  of  the  city  of 
Mount  Vernon,  in  any  court  of  com- 
petent jurisdiction,  and  in  case  of  re- 
covery thereof,  said  sum  so  recov- 
ered shall  be  paid  to  the  city  treas- 
urer. 

CHAPTER  XIV. 

In  Relation  to  the  Removal  of  Flag- 

walks,  etc. 

Section  1.  All  persons  or  corpora- 
tions are  hereby  forbidden  to  make 
any  opening  in  or  remove  any  flag 
or  flags  from  any  sidewalk  in  the 
city  of  Mount  Vernon  without  writ- 
ten permission  from  the  commission- 
er of  public  works,  which  permission 
shall  state  within  what  period  of 
time  said  flagwalk  is  to  be  replaced 
and  shall  be  granted  only  on  condi- 
tion that  a temporary  plank  walk 
satisfactory  to  the  said  commissioner 
of  public  works  be  substituted  for 
the  flag  or  flags  so  removed,  until 
such  time  as  the  said  flagwalk  shall 
be  restored. 

Section  2.  Any  person,  persons,  or 
corporation  removing  a flagwalk 
contrary  to  the  provisions  of  section 
one  of  this  ordinance  or  neglecting 
to  substitute  a plank  walk  as  rqeuired 
by  said  section  one,  or  to  restore  said 
flagwalk  within  the  period  prescribed 
in  the  permit  in  said  section  one, 
shall  be  punishable  by  a fine  of  five 


dollars  for  each  and  every  offense, 
or  by  imprisonment  in  the  county  jail 
of  Westchester  county  for  not  more 
than  five  days,  or  by  both  such  fine 
and  imprisonment. 

Section  3.  This  ordinance  shall  not 
apply  to  work  done  under  a contract 
with  the  city  of  Mount  Vernon  for 
regulating  of  streets  or  laying  of 
flagwalks. 

CHAPTER  XV. 

In  Relation  to  the  Placing  of  Build- 
ing or  Other  Material  in  or  Upon 
any  Street,  Lane  or  Public  Square 
of  the  City  of  Mount  Vernon. 

Section  1.  No  person  shall  place 
or  cause  to  be  placed  any  stone,  tim- 
ber, lumber,  plank,  boards  or  other 
material  for  building,  in  or  upon  any 
street,  avenue,  lane  or  public  square 
without  a written  permit  from  the 
commissioner  of  public  works. 

Section  2.  No  building  materials, 
stone,  brick,  iron  or  other  heavy  sub- 
stance shall  be  dumped,  piled  or 
placed  on  any  asphalt  pavement,  un- 
less the  pavement  is  protected  by  a 
platform  of  plank  or  timber. 

Section  3.  The  commissioner  of 
public  works  is  authorized  to  grant 
permits  to  place  building  material  in 
any  street,  but  no  such  permit  shall 
be  for  a longer  period  than  three 
months,  nor  authorize  the  obstruction 
of  any  part  of  the  sidewalk  or  the 
gutters,  nor  prevent  ready  access  to 
any  fire  hydrant.  Not  more  than  one- 
third  of  the  carriage-way  of  the  street 
opposite  the  lot  or  place  where  the 
building  is  proposed  to  be  erected 
shall  be  obstructed,  and  during  said 
time  sufficient  light  and  burners  are 
to  be  erected. 

Section  4.  Every  person  to  whom 
such  a permit  is  granted  shall  cause 
all  the  timber,  building  material,  and 
rubbish  to  be  removed  from  the  street 
by  the  expiration  of  the  time  limited 
in  such  permit. 

Section  5.  Any  person,  or  persons 
violating  any  of  the  provisions  of 
this  ordinance  shall  be  punishable 


16 


by  a fine  of  not  more  than  five  dol- 
lars for  each  offense  and  an  addi- 
tional fine  of  five  dollars  for  each  and 
every  twenty-four  hours  that  such 
violation  is  caused  or  permitted  to 
be  continued,  after  notice  from  the 
commissioner  of  public  works,  or  any 
policeman  to  remove  the  same,  or 
by  imprisonment  in  the  county  jail 
of  Westchester  county  for  not  more 
than  five  days  for  each  offense,  or 
by  both  such  fine  and  imprisonment. 


CHAPTER  XVI. 

Obstructions  on  the  Streets,  Etc. 

Section  1.  No  person  shall  ob- 
struct or  incumber  any  street  or 
other  public  place  with  any  article  or 
thing  whatsoever  and  any  obstruc- 
tion or  incumbrance  on  said  street 
or  public  place  shall  be  removed 
therefrom  by  the  police  under  the  di- 
rection of  the  commissioner  of  pub- 
works,  but  this  section  shall  not  be 
construed  to  authorize  the  removal 
of  any  such  obstruction  or  incum- 
brance necessarily  incident  to  the 
work  of  regulating,  grading,  paving 
or  repaving  any  street  or  public 
place,  or  the  doing  of  any  public 
work,  nor  to  any  obstruction  or  in- 
cumbrance permitted  by  the  commis- 
sioner of  public  wmrks,  or  by  any  or- 
dinance or  resolution  of  this  Com- 
mon Council,  providing  the  regula- 
tions, and  conditions  of  such  ordi- 
nance or  resolution  or  of  the  contract 
under  which  such  work  is  being  per- 
formed shall  be  fully  complied  with, 
nor  shall  this  ordinance  be  construed 
so  as  to  prevent  the  moving  or  re- 
moving of  any  article  in  the  course 
of  trade  or  business  or  for  the  use  of 
any  family  from  or  to  any  building 
when  the  same  shall  be  moved  or  re- 
moved without  unnecessary  delay 
and  so  as  to  leave  a passage  both  on 
the  sidewalk  for  pedestrians  and  on 
the  carriage-way  for  vehicles  to  pass, 
or  repass,  nor  shall  the  same  be  con- 
strued so  as  to  prevent  the  loading  or 
unloading  of  passengers  from  any 
public  or  private  conveyance  or  such 


vehicles  waiting  a reasonable  time  for 
such  purpose. 

Section  2.  Any  violation  of  this 
ordinance  shall  be  punishable  by  a 
fine  of  not  more  than  twenty-five  dol- 
lars, or  by  imprisonment  in  the  coun- 
ty jail  of  Westchester  county  for  not 
more  than  twenty-five  days,  or  by 
both  such  fine  and  imprisonment. 


CHAPTER  XVII. 

In  Relation  to  the  Placing  of  Goods, 
Wares,  and  Merchandise  upon  the 
Sidewalks  of  any  of  the  Streets  or 
Avenues  in  the  City  of  Mount 
Vernon. 

Section  1.  No  person  or  persons, 
owner  or  occupant  of  any  building 
shall  place  or  deposit,  or  cause  to  be 
placed  or  deposited  opposite  any 
store  or  building  or  upon  any  stand 
erected  upon  the  sidewalk,  any  goods, 
wares  or  merchandise  without  first 
obtaining  from  the  mayor  a permit 
therefor,  and  no  stand  shall  be  erected 
or  allowed  upon  any  street  or 
avenue  in  said  city  to  extend  further 
than  three  feet,  six  inches  from  the 
front  of  the  building  to  which  the 
stand  is  to  be  attached  and  then  only 
when  a permit  for  the  erection  of 
the  same  shall  be  granted  by  the 
mayor,  which  permit  is  revocable  at 
the  will  of  the  mayor. 

Section  2.  But  no  permit  shall  be 
granted  nor  shall  it  be  lawful  for 
any  person  or  persons  to  place,  de- 
posit or  cause  to  be  placed  or  de- 
posited any  goods,  wares  or  mer- 
chandise of  any  kind  or  description 
upon  the  outer  side  of  any  sidewalk 
adjacent  to  the  roadway  of  any  street 
or  avenue  in  the  city  of  Mount  Ver- 
non. 

Section  3.  No  person  having  a 
stand  as  permitted  by  this  ordinance, 
his  or  her  servant,  child,  or  family, 
nor  any  person  or  persons  shall 
throw,  place  or  deposit  any  dead  ani- 
mal, carrion,  putrid  meat,  fish,  en- 
trails, decayed  vegetables,  coal,  wood, 
paper  or  substance  of  any  kind,  in 


17 


any  street  or  avenue  in  the  city  of 
Mount  Vernon. 

Section  4.  Any  violation  of  this 
ordinance  shall  be  punishable  by  a 
fine  of  not  more  than  ten  dollars 
for  each  offense,  or  by  imprison- 
ment in  the  county  jail  of  West- 
chester county  for  not  more  than  ten 
days  or  by  both  such  fine  and  impris- 
onmnent, and  in  addition  thereto,  any 
person  violating  the  first  section  of 
this  ordinance  in  erecting  any  stand 
without  first  obtaining  the  permission 
therein  contained,  shall,  in  addition 
to  the  penalty  therein  prescribed,  be 
punishable  by  a further  fine  of  five 
dollars  or  imprisonment  in  the  coun- 
ty jail  of  Westchester  county  not 
more  than  one  day,  or  by  both  such 
fine  and  imprisonment,  for  each 
twenty-four  hours  the  same  shall  re- 
main after  notice  from  the  commis- 
sioner of  public  works,  or  any  police- 
man to  remove  the  same. 

CHAPTER  XVIII. 

In  Relation  to  the  use  of  the  Side- 
walks Within  and  Without  the 
Stoop  Lines  Therein,  for  Signs, 
Awnings,  Etc. 

Section  1.  Drop  awnings  without 
vertical  supports  may  be  erected 
within  the  stoop  lines  of  any  build- 
ing but  in  no  case  extend  beyond  six 
feet  from  the  house  line  and  to  be  at 
least  seven  feet  in  the  clear  above  the 
sidewalk. 

Section  2.  No  stand  for  the  sale  or 
display  of  any  goods  whatever  or  any 
show  case  shall  be  placed  on  any 
sidewalk  extending  beyond  the  stoop 
line  and  shall  not  in  any  manner  in- 
terfere with  the  free  access  to  the 
adjoining  premises. 

Section  3.  Signs  may  be  placed 
on  the  fronts  of  buildings  and  shall 
be  securely  fastened.  They  shall 
project  not  more  than  six  feet  from 
the  house  wall,  and  shall  hang  not 
less  than  eight  feet  in  the  clear 
above  the  level  of  the  sidewalk.  Be- 
fore the  erection  of  any  sign  a draw- 
ing or  description  of  the  same  shall 


be  filed  with  the  Inspector  of  Build- 
ings and  his  written  permission  ob- 
tained for  the  erection  thereof. 
Signs  may  be  attached  to  the  sides 
of  the  stoops  but  not  to  extend  above 
the  railing  or  beyond  the  line  of  any 
stoop. 

Section  4.  No  barber  pole  shnll  be 
erected  upon  any  sidewalk  either 
within  or  without  the  stoop  line 
which  shall  exceed  five  feet  in  height 
and  six  inches  in  diameter. 

Section  5.  Any  person,  persons,  or 
corporations  violating  any  of  the  pro- 
visions of  this  ordinance  shall  be 
punishable  by  a fine  of  not  more  than 
ten  dollars,  or  by  imprisonment  in 
the  county  jail  of  Westchester  coun- 
ty for  not  more  than  ten  days,  or  by 
both  such  fine  and  imprisonment  for 
each  and  every  offense,  and  it  shall  be 
the  duty  of  the  commissioner  of  pub- 
lic works  to  remove  or  cause  to  be  re- 
moved any  awning,  sign  or  other  ob- 
struction so  erected  contrary  to  the 
provisions  of  this  ordinance  and  to 
collect  the  expense  of  so  doing  by  ac- 
tion against  the  person  or  corporation 
erecting  or  maintaining  the  same. 

CHAPTER  XIX. 

Erection  of  Telephone,  Telegraph  or 

Other  Poles. 

Section  1.  No  person,  persons, 
telegraph,  telephone,  messenger  or 
other  company  or  corporation  shall 
erect,  any  pole  or  poles  upon  any  of 
the  streets,  avenues,  or  sidewalks  in 
the  city  of  Mount  Vernon,  which 
shall  be  more  than  twelve  inches  in 
diameter  at  the  base  nor  less  than  5 
inches  in  diameter  at  the  smaller 
end  or  top,  without  special  permis- 
sion of  the  Common  Council  of  the 
city  of  Mount  Vernon. 

Section  2.  Any  violation  of  this 
ordinance  shall  be  a misdemeanor 
and  the  person  so  violating  the  same 
shall  upon  a conviction  thereof  be 
punishable  by  a fine  of  twenty-five 
dollars  for  each  and  every  offense,  or 
by  imprisonment  in  the  county  jail  of 
the  county  of  Westchester  for  a pe- 


18 


riod  not  exceeding  twehty-five  days, 
or  by  both  such  fine  and  imprison- 
ment. 

CHAPTER  XX. 

Stringing  Wires,  Etc. 

Section  1.  It  shall  not  be  lawful 
for  any  person  or  persons,  telegraph, 
telephone,  messenger  or  other  com- 
pany or  corporation  to  have  or  place 
any  wire  or  wires  within  the  city 
limits  at  a less  height  than  fifteen 
feet  from  the  level  of  the  sidewalk, 
highway,  street  or  avenue,  over 
which  said  wire  or  wires  may  be 
strung. 

Section  2.  It  shall  not  be  lawful 
for  any  person  or  persons,  telegraph, 
telephone,  messenger  or  other  com- 
pany or  corporation  to  erect  any  pole 
or  poles  within  the  city  limits  unless 
the  same  shall  be  not  less  than  five 
inches  in  diameter  at  the  smaller 
end,  and  shall  be  straight,  smoothly 
dressed  and  neatly  painted. 

Section  3.  Where  protest  is  made 
by  any  property  owner  or  agent 
thereof  as  to  the  location  selected  by 
any  person  or  persons,  telegraph, 
telephone,  messenger  or  other  com- 
pany or  corporation  for  the  erection 
of  any  pole  or  poles  no  such  pole  or 
poles  shall  be  erected  at  such  place 
protested  against  until  such  protest 
shall  have  been  referred  to  the  Com- 
mon Council  of  the  city  of  Mount 
Vernon  and  the  said  Common  Coun- 
cil shall  have  decided  as  to  the  prop- 
er location  of  such  pole  or  poles.  • 

Section  4.  No  person  or  persons, 
telegraph,  telephone,  messenger,  or 
other  company  or  corporations  shall, 
without  the  written  consent  of  the 
owner  and  the  mayor  cut  or  mar  any 
of  the  trees  or  branches  thereof  in 
this  city  for  any  purpose  whatever. 

Section  5.  Any  person  or  persons, 
telegraph,  telephone,  messenger,  or 
other  company  or  corporation,  who 
shall  make  excavations  in  any  of  the 
streets,  avenues,  highways  or  side- 
walks of  this  city  shall  immediately 


restore  such  street,  avenue,  highway 
or  sidewalk  to  its  proper  condition. 

Section  6.  Any  violation  of  sections 
one  or  three  of  this  ordinance  shall 
be  punishable  by  a fine  of  not  less 
than  ten  dollars  nor  more  than  fifty 
dollars  or  by  imprisonment  in  the 
county  jail  of  Westchester  county 
not  less  than  ten  days  nor  more  than 
fifty  days,  or  by  both  such  fine  and 
imprisonment.  Any  violation  of  sec- 
tion two,  four  or  five  of  this  ordi- 
nance shall  be  punishable  by  a fine  of 
not  less  than  five  dollars  or  more 
than  fifty  dollars,  or  by  imprison- 
ment in  the  county  jail  of  Westches- 
ter county  not  less  than  five  or  more 
than  twenty-five  days,  or  by  both  such 
fine  and  imprisonment. 

CHAPTER  XXI. 

Removal  of  Snow  and  !ce. 

Section  1.  Every  owner  or  occu- 
pant of  any  premises  in  the  City  of 
Mount  Vernon,  abutting  upon  any 
street,  avenue  or  public  place  where 
the  sidewalk  is  paved,  shall  clear  any 
dirt,  snow  and  ice  or  other  substance 
or  material  off  the  sidewalk  and  out 
of  the  gutter  in  front  of  such  prem- 
ises within  the  following  periods  of 
time:  In  the  fire  limits,  within  four 

hours,  and  elsewhere  within  ten  hours 
after  the  snow  ceases  to  fall,  the  time 
between  7 p.m.  and  7 a.m.  not  being 
included  in  the  above  period  of  four 
hours  and  ten  hours  respectively; 
provided,  however,  that  such  removal 
shall  in  all  cases  be  made  before  the 
removal  of  snow  and  ice  from  the 
roadway  by  the  Commissioner  of 
Public  Works,  or  subject  to  the  regu- 
lations of  said  commissioner  for  the 
removal  of  snow  and  ice.  When  any 
ice  forms  upon  any  sidewalk,  it  shall 
be  the  duty  of  such  persons  to  place 
thereon  sufficient  sifted  ashes  or  sand 
to  prevent  persons  from  slipping,  un- 
til such  ice  shall  be  wholly  removed. 
Any  owner  or  occupant  of  any  prem- 
ises in  the  City  of  Mount  Vernon 
abutting  upon  the  paved  sidewalk  of 
any  street,  avenue  or  public  place  for 
a linear  distance  of  five  hundred  feet 


19 


or  more,  shall  be  considered  to  have 
complied  with  this  ordinance  if  such 
person  shall  have  begun  the  removal 
of  the  snow  and  ice  from  the  side- 
walk and  gutters  before  the  expira- 
tion of  said  four  hours  and  ten  hours 
respectively,  and  shall  continue  such 
removal  and  shall  complete  it  in  a 
reasonable  time. 

Section  2.  The  fire  limits  within 
the  true  intent  and  meaning  of  this 
ordinance  are  as  follows: 

Upon  South  Fourth  avenue  from 
First  street  to  Fourth  street. 

Upon  North  Fourth  avenue  from 
Lincoln  avenue  to  First  street. 

Upon  South  Fifth  avenue  from  First 
street  to  Third  street. 

Upon  South  Third  avenue  from 
First  street  to  Third  street. 

Upon  First  street  from  Fulton 
avenue  to  South  street. 

Upon  Third  street  from  Fulton 
avenue  to  Ninth  avenue. 

Upon  Prospect  avenue  from  North  . 
Fourth  avenue  to  Cottage  avenue,  on 
the  north  side,  and  from  North 
Fourth  avenue  to  Elmer  avenue  on 
the  south  side. 

Upon  Elm  place  from  Park  avenue 
to’  Elmer  avenue. 

Upon  Valentine  street,  from  North 
Fourth  avenue  to  North  Fifth  av- 
enue. 

Upon  Stevens  avenue  from  North 
Fourth  avenue  to  200  feet  west  of 
Wilson-  place. 

Upon  Mount  Vernon  avenue  from 
the  Bronx  River  to  Lincoln  avenue. 

Section  3.  Whenever  any  owner  or 
occupant  of  any  premises  in  the  City 
of  Mount  Vernon  shall  fail  to  comply 
with  the  provisions  of  this  ordinance 
on  the  side  of  the  street  on  which 
said  premises  abut,  the  Commissioner 
of  Public  Works  shall  cause  said  dirt, 
snow  or  ice  or  other  substance  or 
material  to  be  removed,  meeting  tlie 
expense  thereof  from  any  suitable 
funds,  and  the  expense  incurred  there- 
by shall  be  assessed  upon  the  lands 
in  front  of  which  said  work  shall  have 
been  done  in  the  manner  and  as  pro- 
vided in  subdivision  2.">  of  Section  106 


of  Chapter  182  of  the  laws  of  1892  as 
amended  by  chapter  384  of  the  laws 
of  1908. 

Section  4.  Any  persons  violating 
any  provision  or  regulation  hereof, 
shall  be  deemed  guilty  of  a misde- 
meanor and  upon  conviction  thereof 
by  any  magistrate,  either  upon  con- 
fession of  the  party  or  competent  tes- 
timony, shall  be  punishable  by  a fine 
of  not  less  than  one  dollar  nor  more 
than  five  dollars  or  by  imprisonment 
in  the  county  jail  of  Westchester 
county  for  not  more  than  five  days, 
or  by  both  such  fine  and  imprison- 
ment. 

CHAPTER  XXII. 

Throwing  of  Papers,  Etc.,  in  Yards 
and  Other  Places. 

Section  1.  No  person  or  persons 
shall  deposit,  throw  or  place  any 
advertising  bills,  circulars,  posters, 
cards,  pamphlets,  waste  paper  of  any 
character,  or  other  refuse  in  or  upon 
any  lot,  inclosure,  or  upon  the  stoops 
or  other  outside  portions  of  any 
buildings  within  the  corporate  limits 
of  the  city  of  Mount  Vernon. 

Section  2.  Any  violation  of  the 
provisions  of  this  ordinance  shall  be 
punishable  by  a fine  of  not  less  than 
five  nor  more  than  ten  dollars  for 
each  offense,  or  by  imprisonment  in 
the  county  jail  of  Westchester  county 
for  not  more  than  ten  days  or  by 
both  such  fine  and  imprisonment. 

CHAPTER  XXIII. 

To  Prohibit  the  Burning  of  Papers, 
Shavings,  Excelsior,  Hay  Packing, 
and  Rubbish  Within  the  Fire  Limits 
of  the  City  of  Mount  Vernon. 

Section  1.  All  persons  are  pro- 
hibited and  forbidden  to  burn  out  of 
doors  within  the  limits  of  the  city  of 
Mount  Vernon  any  paper,  shavings, 
excelsior,  hay,  packing,  rubbish  and 
other  waste  or  inflammable  material, 
except  that  outside  of  the  fire  limits, 
such  material  may  be  burned  out  of 
doors  on  private  property,  provided 


20 


the  same  be  not  burned  within  less 
than  twenty-five  feet  of  any  building. 

Section  2.  All  persons  are  pro- 
hibited and  forbidden  to  place  in  the 
public  streets,  avenues,  lanes  and 
highways  of  the  city  of  Mount  Vernon 
any  paper,  shavings,  excelsior,  hay 
packing,  rubbish,  limbs  of  trees,  grass, 
weeds,  rags,  brush  and  other  waste 
material  or  substance,  except  for  im- 
mediate removal. 

Section  3.  Each  person  violating 
any  of  the  provisions  of  this  ordi- 
nance shall  be  guilty  of  a misde- 
meanor, and  shall  be  punishable  by  a 
fine  of  not  more  than  ten  dollars,  for 
each  and  every  offense,  or  by  impris- 
onment in  the  county  jail  of  West- 
chester county  for  not  more  than  ten 
days,  or  by  both  such  fine  and  im- 
prisonment. 

CHAPTER  XXIV. 

In  Relation  to  Posting  Bills. 

Section  1.  Xo  person  or  persons, 
firm  or  firms,  corporation  or  corpora- 
tions, shall  post  or  place  any  adver- 
tising bills,  circulars,  posters,  cards, 
cuts,  pamphlets  or  papers  of  any 
character  or  description  upon  any 
fence,  bill  board,  flagstone,  curb- 
stone, building,  bridge,  tree,  post, 
wall,  telegraph  or  telephone  pole, 
box,  hydrant  or  any  other  public 
place  in  any  building  or  street  or  dis- 
tribute handbills  within  the  corporate 
limits  of  the  city  of  Mount  Vernon 
without  first  having  obtained  a license 
therefor  from  the  mayor  of  this  city. 

Section  2.  Every  person  receiving 
such  a license  shall  deposit  therefor 
the  sum  of  fifty  (S50)  dollars  and 
shall  also  give  a bond  to  the  city  of 
Mount  Vernon  in  the  penal  sum  of 
two  hundred  and  fifty  (S250)  dol- 
lars conditioned  for  due  observance 
of  all  the  ordinances  of  the  Common 
Council  that  may  be  passed  or  are 
now  in  force  respecting  the  matters 
herein  stated  at  any  time  during  the 
continuance  of  such  license. 

Section  3.  And  the  mayor  after 
the  depositing  of  the  said  sum  of  S50 


and  the  bond  mentioned  aforesaid 
may  from  time  to  time  grant  to  such 
person  or  persons,  corporation  or 
corporations  as  shall  make  applica- 
tion therefor  such  license,  or  the 
mayor  may,  within  his  discretion,  re- 
fuse to  issue  such  license  and  in  that 
event,  the  application  shall  be 
marked  rejected  and  the  said  sum  of 
S50  and  the  bond  theretofore  filed 
shall  be  returned  to  the  applicant. 
Such  license  to  be  issued  for  no 
longer  period  than  one  year. 

Section  4.  Any  violation  of  the 
provisions  of  this  ordinance  shall  be 
punishable  by  imprisonment  in  the 
county  jail  for  not  more  than  ten 
days  or  by  a fine  of  not  more  than 
ten  dollars,  or  both  such  fine  and  im- 
prisonment. 

CHAPTER  XXV. 

In  Relation  to  Blasting.  The  Keep- 
ing, Storing,  and  Transporting  of 

Explosives. 

Section  1.  Xo  person,  persons,  cor- 
poration or  corporations,  shall  use  any 
explosive  in  the  blasting  of  rock  or 
other  materials  within  two  hundred 
feet  of  any  school  house  in  the  City 
of  Mount  Vernon,  between  the  hours 
of  S:30  o’clock  in  the  forenoon  and 
3:30  o’clock  in  the  afternoon  on  any 
day  when  public  school  is  actually  in 
session  in  such  school  building;  nor 
at  any  time  of  the  day  within  the 
corporate  limits  of  the  City  of  Mount 
Vernon,  except  upon  a written  permit 
therefor  signed  by  the  Mayor,  upon 
the  giving  of  a good  and  sufficient 
bond,  to  be  approved  by  him  condi- 
tioned for  holding  the  said  city  of 
!Mount  Vernon  harmless  from  any  and 
all  damages  arising  or  accruing  by 
reason  of  said  blasting,  such  permit 
to  be  for  such  time  as  the  said  Mayor 
may  prescribe. 

Section  2.  All  blasts  before  firing 
shall  be  covered  with  tin,  or  other 
suitable  material  sufficiently  large 
to  cover  the  rock  or  substance  to  be 
broken,  and  such  material  shall  be 
covered  with  at  least  six  timbers,  or 


21 


logs,  not  less  than  ten  inches  in  di- 
ameter and  ten  feet  long,  fastened 
with  a chain  at  each  end,  the  links  of 
which  are  made  of  not  less  than  one- 
quarter  inch  steel  or  iron. 

Section  3.  In  case  the  excavation 
shall  not  be  large  enough  to  admit 
the  timber  or  logs  required,  they 
shall  be  placed  over  the  opening  on 
the  surface.  In  the  blasting  of  large 
masses  of  rock  it  shall  be  within  the 
discretion  of  the  commissioner  of 
public  works  to  require  a larger 
number  of  timber  or  logs  as  public 
safety  may  demand. 

Section  4.  Before  a blast  is  to  be 
fired  public  notice  and  warning  of 
the  same  shall  be  given  in  the  fol- 
lowing manner,  to  wit:  — 

A red  fiag  shall  be  displayed  on  a 
staff  not  less  than  ten  feet  high,  set 
in  a conspicuous  place  within  twenty- 
five  feet  of  the  point  where  the 
charge  is  loaded.  Also  the  words  “a 
blast”  shall  be  continually  called  out 
loud  enough  to  be  distinctly  heard  at 
a distance  of  two  hundred  feet  from 
the  point  of  discharge. 

Men  shall  also  be  sent  up  and 
down  the  streets,  avenues,  and  high- 
ways on  each  side  of  the  blast  to 
warn  travelers  of  danger.  No  blast 
outside  of  stone  quarries  shall  be 
loaded  heavier  than  as  follows.  The 
explosive  to  be  used  shall  not  exceed 
one  pound  in  weight  of  40  per  cent, 
explosive  for  each  four  feet  in  depth 
of  hole,  unless  the  hole  be  of  a 
greater  depth  than  ten  feet  below  the 
level  of  the  curb  or  crown  of  the 
street  adjoining,  in  which  case  there 
may  be  used  for  the  depth  below  the 
ten  feet  level  one  pound  in  weight 
of  60  per  cent,  explosive  for  each  four 
feet  of  depth  of  hole. 

Section  5.  It  shall  not  be  lawful 
for  any  person  or  persons,  firm,  as- 
sociation or  corporation  except  as 
hereinafter  provided  to  have  or  keep 
any  quantity  of  gun-powder,  nitro- 
glycerine, giant  powder,  dynamite  or 
other  destructive  explosives  in  any 


house,  store,  building,  lot  or  other 
place  in  the  city  of  Mount  Vernon. 

Section  6.  The  mayor  of  the  city 
of  Mount  Vernon  is  hereby  author- 
ized to  grant  licenses  for  the  erection 
of  magazines  for  the  storage  of  gun- 
powder, nitro-glycerine,  giant  pow- 
der, dynamite  or  other  destructive 
explosives  in  this  city.  Such  licenses 
shall  be  in  writing  and  shall  desig- 
nate the  place  or  places  where  such 
magazine  may  be  erected.  But  no 
such  license  shall  be  operative  until 
such  magazine  shall  have  been  con- 
structed in  accordance  with  plans  ap- 
proved by  the  board  of  fire  commis- 
sioners to  whom  authority  is  hereby 
given  to  prescribe  the  materials  of 
which  such  magazine  shall  be  com- 
posed and  the  manner  of  its  con- 
struction. 

Section  7.  It  shall  be  the  duty  of 
the  board  of  fire  commissioners  to 
visit  and  inspect  any  such  magazines 
and  to  make  all  necessary  rules  and 
regulations  regarding  the  care  and 
maintenance  thereof. 

Section  8.  No  person,  persons, 
firm,  association  or  corporation  shall, 
except  as  hereinafter  provided,  cart 
or  carry  through  the  city  of  Mount 
Vernon  any  quantity  of  gun-powder, 
nitro-glycerine,  giant  powder,  dyna- 
mite, or  other  destructive  explosives 
without  first  having  obtained  permis- 
sion in  writing  from  the  mayor  of 
the  city  of  Mount  Vernon.  Such  per- 
mission shall  be  upon  such  terms  and 
conditions,  as  the  said  mayor  shall 
prescribe,  and  subject  to  such  rules 
and  regulations  as  the  board  of  fire 
commissioners  of  said  city  may  from 
time  to  time  make  in  the  premises. 

Section  9.  A violation  of  any  of 
the  provisions  of  the  foregoing  ordi- 
nance shall  be  a misdemeanor  and 
subject  the  offender  upon  conviction 
thereof  to  a fine  of  not  more  than 
fifty  dollars,  or  to  imprisonment  in 
the  county  jail  of  Westchester  coun- 
ty for  not  more  than  fifty  days,  or  to 
both  such  fine  and  imprisonment. 


22 


CHAPTER  XXVi. 

In  Relation  to  the  Placing  of  Chairs 
and  Other  Obstructions  in  the 
Aisles,  and  the  Construction  of 
Swinging  Doors  in  Public  Buildings, 
Theatres,  Opera  Houses,  Churches 
and  Places  of  Amusement,  and  the 
Maintenance  of  the  Same. 

Section  1.  Xo  person,  persons,  cor- 
poration or  corporations  shall  at  any 
meeting  or  assemblage  of  people  in 
any  place  of  entertainment  or  amuse- 
ment, theatre,  opera  house,  church  or 
public  building  in  the  City  of  Mount 
Vernon,  place  any  chair,  chairs  or 
benches  or  other  obstruction  in  the 
aisles  of  said  places  of  entertainment 
or  amusement,  theatre,  opera  house, 
church  or  building,  so  as  to  obstruct 
the  free  ingress  and  egress  of  persons 
to  and  from  such  place  of  entertain- 
ment or  amusement,  theatre,  opera 
house,  church  or  public  building. 

Section  2.  The  person,  persons,  cor- 
poration or  corporations,  or  the  man- 
ager or  managers,  trustees,  or  direc- 
tors, shall  at  all  times  during  any 
meeting  or  assemblage  of  people  in 
any  of  the  places  mentioned  in  the 
foregoing  section,  keep  the  aisles  and 
passageways  in  any  of  said  places  free 
from  all  and  every  obstruction  of  any 
kind  whatever. 

Section  3.  Any  person,  persons,  cor- 
poration or  corporations,  trustees, 
managers  or  directors  of  the  public 
buildings,  theatres,  opera  houses, 
churches  and  places  of  amusement  in 
the  City  of  ^Mount  Vernon  shall  cause 
the  doors  of  said  public  buildings, 
theatres,  opera  houses,  churches  and 
places  of  amusement  in  said  city,  to 
swing  outward  only,  and  shall  keep 
the  same  unfastened  during  the  time 
any  such  building  is  occupied,  and 
also  keep  the  same  clear  of  all  ob- 
structions. 

Section  4.  Xo  public  building, 
theatre,  opera  house,  church  or  place 
of  amusement  shall  hereafter  be 
erected  in  said  City  of  Mount  Vernon, 
unless  the  plans  and  specifications  for 
said  buildings  filed  in  the  office  of  the 


inspector  of  buildings,  shall  contain  a 
clause  or  provision  that  the  doors  of 
said  buildings  shall  be  swung  outward 
only. 

Section  5.  No  ashes  shall  be  kept 
or  deposited  in  any  public  building, 
theatre,  opera  house,  church  or  place 
of  amusement  in  the  City  of  Mount 
Vernon,  unless  in  a close  and  secure 
iron  can.  All  rubbish  shall  be  prompt- 
ly removed  from  all  of  said  buildings 
and  no  paper,  rubbish  or  smoke  creat- 
ing material  shall  be  burned  therein 
during  occupancy  by  any  audience. 

Section  6.  The  heating  and  elec- 
trical apparatus  of  any  public  build- 
ing, theatre,  opera  house,  church  or 
place  of  amusement  in  the  City  of 
Mount  Vernon  shall  be  under  the 
supervision  of  a competent  person. 

Section  7.  All  moving  picture  ma- 
chines, operated  for  public  amuse- 
ment in  the  City  of  Mount  Vernon, 
must  be  enclosed  in  a suitable  iron  or 
steel  box,  which  box  shall  be  provided 
with  a suitable  smoke  vent  to  the 
outside  of  the  building. 

Section  8.  No  person  shall  smoke 
or  carry  any  lighted  article  in  any 
public  building,  theatre,  opera  house, 
church  or  place  of  amusement,  except 
as  may  be  necessary  during  a per- 
formance. 

Section  9.  Every  public  building, 
theatre,  opera  house,  church  or  place 
of  amusement  shall  maintain  and 
keep  in  a conspicuous  place  such  fire 
extinguishing  appliances  as  in  the 
judgment  of  the  Board  of  Fire  Com- 
missioners shall  be  necessary  to  safe- 
guard the  public. 

Section  10.  All  exits  or  passage- 
ways to  exits  in  any  public  building, 
theatre,  opera  house,  church  or  place 
of  amusement  shall  be  marked  in  red 
letters  six  inches  in  height,  and  shall 
be  provided  with  a gas  light  with  a 
red  globe,  which  said  light  must  be 
kept  burning  during  the  whole  of  the 
performance. 

Section  11.  All  places  to  which 

any  exit  in  any  public  building. 


23 


theatre,  opera  house,  church  or  place 
of  amusement  may  open,  shall  be  pro- 
vided with  a gas  light  for  the  lighting 
of  the  same,  which  light  must  be  kept 
burning  during  the  whole  perform- 
ance. 

Section  12.  It  shall  be  the  duty  of 
, the  Chief  Engineer  of  the  Fire  Depart- 
ment to  enforce  the  provisions  of  this 
ordinance,  and  he  is  empowered  to 
use  all  reasonable  means  to  enforce 
the  same. 

Section  13.  Any  violation  of  the 
provisions  of  this  ordinance  shall  be 
punishable  by  a fine  of  not  less  than 
ten  dollars,  nor  more  than  twenty-five 
dollars,  or  by  imprisonment  in  the 
county  jail  of  Westchester  County  for 
not  more  than  twenty-five  days,  or  by 
both  such  fine  and  imprisonment,  and 
the  revocation  by  the  mayor  of  the 
license  of  such  public  building, 
theatre,  opera  house  or  place  of 
amusement. 

CHAPTER  XXVII. 

In  Relation  to  Fire  Limits. 

Section  1.  All  lots  of  land  fronting 
upon  the  following  streets  and 
avenues,  and  to  a depth  of  100  feet  on 
each  side  of  said  streets  and  avenues, 
and  within  the  following  limits  in  the 
City  of  Mount  Vernon  are  hereby 
designated  as  the  parts  and  portions 
of  said  city  within  which  no  wooden 
buildings  in  whole  or  in  part,  nor  any 
building  covered  in  whole  or  in  part 
by  corrugated  iron,  shall  be  erected, 
nor  the  roof  of  any  building  be  cov- 
ered with  wood  or  with  any  combus- 
tible material. 

South  Fourth  avenue  from  First 

street  to  300  feet  south  of  Third 

street; 

South  Fifth  avenue  from  First 

street  to  Second  street; 

South  Third  avenue  from  First 

street  to  Second  street; 

First  street  from  Fulton  avenue  to 
Scott’s  bridge; 

West  Lincoln  avenue  from  Mount 
Vernon  avenue  to  t]ie  New  York  City 
line; 


Third  street  from  Fulton  avenue  to 
Eleventh  avenue; 

Fulton  avenue  from  First  street  to 
Third  street; 

North  Second  avenue  from  Prospect 
avenue  to  Sidney  avenue; 

North  Third  avenue  from  First 
street  to  Oakley  avenue; 

North  Fourth  avenue  from  First 
street  to  North  street; 

North  Fifth  avenue  from  the  tracks 
of  the  N.  Y.,  N.  H.  & H.  R.  R.  Co.  to 
Sidney  avenue; 

North  Sixth  avenue  from  Valentine 
street  to  Sidney  avenue; 

North  Seventh  avenue  from  Valen- 
tine street  to  a point  75  feet  north  of 
Monument  Place; 

Wilson  Place  from  the  tracks  of  the 
N.  Y.,  N.  H.  & H.  R.  R.  Co.  to  Valen- 
tine street; 

Stevens  avenue  from  North  Fourth 
avenue  to  200  feet  west  of  Wilson 
Place;  and  from  the  westerly  side  of 
North  Tenth  avenue  to  the  easterly 
side  of  West  Lincoln  avenue; 

Valentine  street  (north  side)  from 
North  Fourth  avenue  to  a point  100 
feet  west  of  North  Seventh  avenue; 

Valentine  street  (south  side)  from 
North  Fourth  avenue  to  a point  100 
feet  west  of  Wilson  Place; 

Sidney  avenue  from  Crary  avenue 
to  a point  100  feet  west  of  North  Sixth 
avenue; 

Oakley  avenue  from  North  Second 
avenue  to  North  Fourth  avenue; 

Prospect  avenue  (north  side)  from 
North  Fourth  avenue  to  Cottage  av- 
enue; 

Prospect  avenue  (south  side)  from 
North  Fourth  avenue  to  Elmer  av- 
enue; 

Elm  avenue  from  Park  avenue  to 
Elmer  avenue; 

Mount  Vernon  avenue  from'  West 
Lincoln  avenue  to  city  line; 

Northeast  Railroad  avenue  from 
Mount  Vernon  avenue  to  Oak  street; 

Southeast  Railroad  avenue  from 
Mount  Vernon  avenue  to  Grove 
street; 

Northwest  Railroad  avenue  from 
Mount  Vernon  avenue  to  Oak  street; 

Southwest  Railroad  avenue  from 


24 


Mount  Vernon  avenue  to  West  street; 

West  street  from  Oak  street  to 
Southwest  Railroad  avenue; 

South  Sixth  avenue  from  First 
street  to  Second  street; 

Depot  place  from  North  Third  av- 
enue to  North  Fourth  avenue; 

West  side  of  Crary  avenue  from 
Prospect  avenue  to  Sidney  avenue; 

Both  sides  of  Brookdale  Place  from 
First  street  to  Washington  street  to 
the  full  depth  of  the  lots  fronting 
thereon  as  now  laid  out; 

North  side  of  Monument  Place  from 
North  Sixth  avenue  to  North  Seventh 
avenue  to  the  depth  of  the  lots  front- 
ing thereon  as  now  laid  out; 

Section  1-A.  All  lots  of  land  front- 
ing upon  the  streets  and  avenues  and 
to  a depth  of  one  hundred  feet  on 
each  side  of  said  street  and  avenues 
and  within  the  boundaries  formed  by 
the  following  streets  and  avenues  in 
the  city  of  Mount  Vernon  are  hereby 
designated  as  the  parts  and  portions 
of  said  city  within  which  no  wooden 
building  in  whole  or  in  part,  to  be 
occupied  by  more  than  two  families, 
shall  be  erected  after  the  7th  day  of 
April,  1908:  Beginning  at  the  tracks 

of  the  New  York,  New  Haven  and 
Hartford  Railroad  Company  at  the 
corner  of  North  Fourth  avenue  and 
Depot  Place  and  running  thence 
northerly  along  said  North  Fourth 
avenue  and  Gramatan  avenue  to  Prim- 
rose avenue;  thence  along  Primrose 
avenue  to  Rich  avenue;  thence  along 
Rich  avenue  to  Grand  street;  thence 
along  Grand  street  to  North  Columbus 
avenue;  thence  along  North  Colum- 
bus avenue  to  the  tracks  of  the  New 
York,  New  Haven  and  Hartford  Rail- 
road Company;  then  along  the  said 
tracks  of  the  New  York,  New  Haven 
and  Hartford  Railroad  Company  to 
the  point  of  beginning. 

Nothing  herein  contained  shall  be 
construed  to  in  any  way  modify  or 
affect  any  of  the  provisions  of  Sec- 
tion 1 of  this  chapter. 

Section  2.  Any  person  or  corpora- 
tion violating  any  provision  or  regu- 
lation of  this  ordinance,  shall  be 
deemed  guilty  of  a misdemeanor,  and 


upon  conviction  thereof,  may  be  fined 
for  such  offense  any  sum  not  less 
than  twenty-five  ($25)  dollars  and 
not  more  than  fifty  ($50)  dollars  or 
may  be  committed  to  the  county  jail 
of  Westchester  county  for  not  less 
than  five  days  and  not  more  than 
twenty-five  days  or  may  be  both  so 
fined  and  imprisoned,  and  in  addi- 
tion thereto,  any  such  person  or 
corporation,  shall  be  liable  to  a pen- 
alty to  be  recovered  with  costs  at  a 
suit  of  the  city  of  Mount  Vernon  in 
a civil  action  of  $100.00  for  each 
such  offense,  which  sum  when  so  re- 
covered, shall  be  paid  to  the  city 
treasurer. 

CHAPTER  XXVIII. 

In  Relation  to  Fire  Apparatus,  Pre- 
caution Against  Fires,  and  of  Fire 

Wardens. 

Section  1.  No  person  shall  cut  or 
injure  in  any  manner  any  hose,  fire 
engine  or  other  apparatus  used  for 
the  extinguishment  of  fires,  belong- 
ing to  or  used  by  the  fire  department 
of  the  city,  nor  drive  a vehicle  over 
such  hose. 

Section  2.  Whenever  any  engine, 
hose  wagon,  truck,  or  other  vehicle 
belonging  to  the  fire  department  of 
the  city  of  Mount  Vernon  or  con- 
nected therewith  or  any  of  the  com- 
panies thereof,  shall  be  responding  to 
an  alarm  of  fire,  the  same  shall  have 
the  right  of  way  over  any  and  all 
other  vehicles  upon  each  and  every 
street,  avenue  or  public  place  in  the 
city  of  Mount  Vernon,  and  upon  the 
approach  of  any  such  vehicle  belong- 
ing to  or  in  connection  with  the  said 
fire  department  or  any  of  the  com- 
panies thereof,  the  motorman,  driver, 
or  other  person  in  charge  of  any  and 
every  vehicle  shall  bring  the  same  at 
once  to  a standstill  and  shall  cause 
the  same  to  so  remain  until  the  said 
fire  apparatus  shall  have  passed  by. 

Section  3.  No  person  or  persons 
shall  in  any  manner  interfere  with 
any  fire  alarm  box  in  the  city  of 
Mount  Vernon,  or  the  box  containing 


25 


the  key  for  transmitting  fire  alarms, 
break  the  glass  therein,  or  send  in 
any  fire  alarm  unless  in  actual  case 
of  fire,  but  this  section  shall  not  ap- 
ply to  officers  of  the  fire  department 
in  making  tests  or  repairs  under  the 
direction  of  the  properly  constituted 
authorities. 

No  person  shall  by  outcries,  ringing 
of  bells,  sounding  of  alarm,  or  other- 
wise raise  a false  alarm  of  fire. 

Section  4.  No  person  shall  set  on 
fire  or  burn  any  hay,  straw,  chips, 
shavings  or  other  combustible  sub- 
stance in  any  street,  or  on  any  lot  in 
the  city,  except  between  the  rising 
and  setting  of  the  sun,  and  as  other- 
wise provided  in  these  ordinances. 

Section  5.  It  shall  be  the  duty  of 
the  fire  wardens  as  often  as  they 
shall  deem  proper  to  examine  all 
buildings  in  the  city  for  the  purpose 
of  ascertaining  all  violations  of  any 
act,  ordinance  or  resolution  having 
for  its  purpose  the  preventing  of  or 
the  precaution  against  fires,  and  also 
to  examine  all  buildings,  and  all 
chimneys,  fire  places,  hearths,  stoves 
and  pipes  thereto,  ovens,  boilers, 
kettles,  and  also  all  chemical  and  gas 
apparatus,  which  in  their  opinion 
may  be  dangerous  in  causing  or  pro- 
moting fires,  and  also  places  where 
ashes  may  be  deposited,  and  upon 
finding  any  of  them  defective  or  dan- 
gerous, the  said  fire  wardens,  or  any 
of  them,  shall  direct  the  owner  or 
occupant  of  such  building  or  prem- 
ises, by  a printed  or  written  notice, 
to  alter,  remove  or  change  the  same 
in  such  a manner  and  within  such 
reasonable  time  as  the  said  fire  war- 
dens, or  any  of  them,  may  deem 
necessary,  and  in  case  of  refusal  or 
neglect  of  such  owner  or  occupant  to 
comply  with  such  notice,  after  the 
expiration  of  the  time  limited  in  such 
notice,  the  fire  wardens,  or  any  of 
them,  may  remove  or  change  such 
building,  appurtenance  or  fixtures  as 
prescribed  in  said  notice.  And  the 
expense  of  such  removal  or  change 
may  be  recovered  by  action  against 
the  owner. 


Section  6.  Any  person  or  persons 
occupying  any  house  or  other  build- 
ing in  the  City  of  Mount  Vernon,  shall 
cause  the  chimney  in  said  house  or 
building  to  be  kept  clean  and  free  from 
soot  or  other  combustible  material  lia- 
ble to  cause  a fire  in  such  chimney. 

Section  7.  No  person  shall  put  up  a 
pipe  of  any  stove,  furnace  or  boiler, 
unless  it  be  conducted  into  a chimney 
made  of  brick  or  stone,  without  per- 
mission of  the  fire  commissioners. 

Section  8.  No  ashes  shall  be  kept 
or  deposited  in  any  building  in  that 
part  of  the  city  included  within  the 
present  fire  limits  of  the  City  of 
Mount  Vernon,  unless  in  a close  and 
secure  iron,  tin,  or  earthen  vessel,  or 
in  a brick  or  stone  ash  house. 

Section  9.  No  petroleum,  kerosene, 
or  other  combustible  oil  or  fluid  used 
for  illuminating  or  heating  purposes, 
which  shall  emit  an  inflammable  va- 
por at  a temperature  below  one  hun- 
dred and  fifty  degrees,  Fahrenheit, 
shall  be  sold  or  kept  by  any  dealer 
within  the  city,  without  a permit  from 
the  Common  Council. 

Section  10.  Every  policeman  is 
authorized  and  directed  to  inspect  andi 
test  all  kerosene,  petroleum,  and  other- 
combustible  and  dangerous  oil,  fluids 
or  other  substances,  sold,  carted,  car-, 
ried,  kept,  stored  or  used  in  the  city 
and  to  report  to  the  corporation  coun-. 
sel  every  violation  of  this  article  and 
of  the  general  statutes  relating  to  the 
keeping  and  storing  of  petroleum,  or 
other  dangerous  oils  or  fluids. 

Section  11.  In  every  tenement 
house  a proper  light  shall  be  kept 
burning  by  the  owner  in  the  public 
hallways,  near  the  stairs,  upon  the^ 
entrance  floor,  and  upon  the  second 
floor,  above  the  entrance  floor  of  said 
house,  every  night  from  sunset  to  sun- 
rise throughout  the  year,  and  upon  all 
other  floors  of  the  said  house  from 
sunset  until  ten  o’clock  in  the  evening. 

Section  12.  Any  person,  persons  or- 
corporation  violating  any  of  the  pro- 
visions of  this  ordinance  shall  be  1|>VA'- 
ishable  as  follows,  to  wit: 


26 


(ai.  For  any  violations  of  Sections 
one,  two,  nine  and  eleven,  by  a fine  of 
not  less  than  ten  dollars  nor  more 
than  fifty  dollars,  or  by  imprisonment 
in  the  county  jail  of  Westchester 
county  for  not  less  than  ten  days  nor 
more  than  fifty  days,  or  by  both  such 
fine  and  imprisonment. 

(b)  For  any  violation  of  Section 
three,  by  a fine  of  not  less  than 
twenty-five  dollars,  and  not  more  than 
fifty  dollars,  or  by  imprisonment  in 
the  county  jail  of  Westchester  county 
for  not  less  than  ten  days  nor  more 
than  fifty-nine  days,  or  by  both  such 
fine  and  imprisonment. 

(c) .  * For  any  violation  of  Sections 
four,  six,  seven  and  eight,  by  a fine  of 
not  more  than  ten  dollars,  or  by  im- 
prisonment in  the  county  jail  of  West- 
chester county  for  not  more  than  ten 
days,  or  by  both  such  fine  and  impris- 
onment. 

(d) .  For  any  violation  of  Section 
five,  by  a fine  of  not  less  than  five  dol- 
lars, nor  more  than  ten  dollars,  or  by 
imprisonment  in  the  county  jail  of 
Westchester  county  for  not  more  than 
ten  days,  or  both  such  fine  and  im- 
prisonment, for  each  and  every 
twenty-four  hours  such  owner  or  oc- 
cupant shall  refuse  or  neglect  to  com- 
ply with  the  notice  therein  provided 
for. 

CHAPTER  XXIX. 

To  Regulate  the  Sale  of  Newspapers 
by  Minors. 

Section  1.  No  boy  under  the  age  of 
ten  years,  or  girl  under  sixteen  shall 
be  permitted  to  sell  or  offer  for  sale 
any  newspaper  or  other  periodical  in 
any  public  place  in  the  City  of  Mount 
Vernon. 

Section  2.  Xo  child  under  the  age 
of  sixteen  (16)  shall  sell  or  offer  for 
sale  newspapers  or  periodicals  in  any 
street  of  public  place  of  the  City  of 
Mount  Vernon,  unless  a permit  and 
badge  as  hereinafter  provided,  shall 
have  been  issued  to  him  by  the  Super- 
intendent of  Schools,  or  such  other 
person  officially  designated  by  him  for 


such  purposes.  Such  permit  and  badge 
shall  be  issued  only  upon  the  appli- 
cation in  person  of  the  parent,  guar- 
dian, or  other  person  haviag  the 
custody  of  such  child,  and  which  ap- 
plication bears  the  endorsement  of  the 
principal  of  the  school  which  such 
child  attends,  unless  said  child  has 
working  papers  issued  by  the  Board 
of  Health. 

Section  3.  The  said  permit  and 
badge  shall  not  be  issued  until  the 
officer  issuing  the  same  shall  have  re- 
ceived, examined  and  recorded  in  his 
office  satisfactory  proof  that  the  child 
named  in  such  application  is  of  the 
age  of  ten  years  and  upwards,  if  a 
boy,  and  sixteen  years  and  upwards, 
if  a girl.  After  having  received,  ap- 
proved and  recorded  such  evidence, 
the  Superintendent  of  Schools  or  his 
representative  shall  issue  a permit 
and  badge.  Upon  the  issue  of  every 
permit  and  badge  a deposit  of  money 
equal  to  the  cost  of  said  permit  and 
badge  shall  be  required  by  the  Super- 
intendent of  Schools  or  his  agent, 
which  sum  shall  be  refunded  to  the 
lawful  holder  of  said  permit  and  badge 
upon  return  of  the  same. 

Section  4.  The  said  permit  shall 
state  the  name  of  the  child  in  full,  the 
date  and  place  of  birth,  the  name  and 
place  of  residence  of  his  parent,  guar- 
dian, or  custodian.  The  permit  shall 
further  state  that  the  proof  required 
by  the  preceding  section  has  been  duly 
examined  and  approved,  and  that  the 
child  named  in  the  permit  has  ap- 
peared before  the  officer  issuing  the 
same.  The  badge  issued  shall  bear  on 
its  face,  date  of  issue  and  a number 
corresponding  to  the  number  on  the 
permit  issued  to  the  said  child,  and 
each  badge  on  its  reverse  side  shall 
be  signed  by  the  child  in  the  presence 
of  the  officer  issuing  the  same.  The 
badge  provided  shall  be  worn  con- 
spicuously by  the  holder  while  at 
work,  and  shall  not  be  transferred 
to  any  person.  The  badge  must  be 
exhibited  at  any  time  on  the  demand 
of  any  police,  school  or  attendance 
officer. 


27 


Section  5.  Each  and  every  permit 
shall  expire  and  every  badge  must  be 
surrendered  to  the  Superintendent  of 
Schools  on  the  second  day  of  January 
in  each  year,  and  may  be  reissued  to 
the  holder  without  extra  charge.  The 
color  of  the  badge  shall  be  changed 
each  year.  The  permit  and  badge  of 
any  child  who  violates  the  provisions 
of  this  ordinance  will  be  revoked. 

Section  6.  No  child  shall  be  per- 
mitted to  sell  or  expose  for  sale  any 
newspaper  or  periodical  before  seven 
o’clock  A.  M.  and  after  eight  o’clock 
P.  M.  between  November  first  and 
May  first,  or  before  six  o’clock  A.  M. 
or  after  nine  o’clock  P.  M.  between 
May  first  and  November  first. 

Section  7.  No  person,  persons  or 
corporations  shall  employ  any  child  to 
sell  or  expose  for  sale  any  newspapers 
or  periodicals  in  violation  of  the  pre- 
ceding provisions  of  this  ordinance. 

Section  8.  Any  person  violating 
any  of  the  provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a misde- 
meanor, and  upon  conviction  thereof, 
shall  be  punishable  as  follows,  viz; 
Any  child  under  the  age  of  Sixteen 
(16)  years  by  revocation  of  the  per- 
mit and  badge  and  by  a fine  of  one 
dollar  for  each  and  every  offense,  and 
any  person  over  the  age  of  Sixteen 
(16)  by  a fine  of  not  more  than  ten 
dollars  for  each  and  every  such  of- 
fense, or  by  imprisonment  in  the 
County  jail  of  Westchester  County  for 
not  more  than  five  days,  or  by  both 
such  fine  and  imprisonment. 

CHAPTER  XXX. 

In  Relation  to  the  Keeping  of  Dogs, 
Etc. 

Repealed  December  19,  1911;  see 
Chapter  718,  Laws  of  1911. 

CHAPTER  XXXI. 

In  Relation  to  Nuisances  and  the 
Preservation  of  Good  Order. 

Section  1.  Any  person  who  shall 
make,  aid,  countenance  or  assist  in 


making  any  improper  noise,  riot,  or 
disturbance  in  the  streets  or  else- 
where, and  all  persons  who  shall  col- 
lect in  crowds,  for  unlawful  or  idle 
purposes,  to  the  annoyance  or  dis- 
turbance of  the  citizens  or  travelers, 
shall,  for  each  offense,  be  guilty  of  a 
misdemeanor,  and  shall  be  punishable 
by  a fine  of  not  less  than  two  dollars 
nor  exceeding  fifty  dollars,  or  by  im- 
prisonment in  the  county  jail  of  West- 
chester county  for  not  more  than  fifty 
days,  or  by  both  such  fine  and  impris- 
onment. 

Section  2.  The  firing  or  exploding 
of  a toy  cannon,  gun,  pistol,  toy  pistol, 
giant  crackers  or  dynamite  crackers, 
and  the  placing  of  explosives  on  any 
street  railroad  track  and  other  rail- 
road tracks  within  the  corporate  lim- 
its of  the  City  of  Mount  Vernon,  are 
hereby  forbidden.  Provided,  however, 
that  this  section  shall  not  apply  to  the 
firing  of  ordinary  torpedoes  and  crack- 
ers, other  than  giant  or  dynamite 
crackers,  on  the  fourth  day  of  July, 
or  on  the  day  on  which  our  national 
independence  shall  be  celebrated. 

Any  violation  of  the  provisions  of 
this  section  shall  be  punishable  by  a 
fine  of  not  less  than  five  ($5.00)  dol- 
lars nor  more  than  fifty  ($50.00)  dol- 
lars, or  by  imprisonment  in  the  county- 
jail  of  Westchester  county  for  noL 
more  than  fifty  days,  or  by  both  such 
fine  and  imprisonment. 

Section  3.  Any  person  who  shall 
drive  a horse  or  other  animal  before 
a sleigh  without  bells  being  attached! 
to  such  horse  or  sleigh  shall  be  pun-, 
ishable  by  a fine  or  not  more  than, 
five  dollars  or  by  imprisonment  in  the 
county  jail  of  Westchester  county  for 
not  more  than  five  days,  or  by  both 
such  fine  and  imprisonment.  < 

Section  4.  Any  person  w^ho  shall 
in  any  manner,  injure  or  deface  any 
building,  lamp  post,  hydrant,  or  other 
property  belonging  to  the  city,  or  any 
well,  pump,  fence,  tree,  or  any  useful 
or  ornamental  work  or  improvement . 
in  any  street,  shall  be  punishable  by  a, 
fine  of  not  less  than  two  dollars  nor- 
more  than  fifty  dollars,  or  by  imprigj-. 


28 


onment  in  the  county  jail  of  West- 
chester county  for  not  more  than  fifty 
days,  or  by  both  such  fine  and  im- 
prisonment. 

Section  5.  Any  person  who  shall 
throw,  place  or  deposit,  or  suffer  his 
or  her  servants,  child  or  family  to 
throw,  place  or  deposit,  any  dung, 
dead  animal,  carrion,  putrid  meat,  fish, 
entrails,  decayed  vegetables,  coal, 
wood,  paper  or  nuisance  of  any  kind, 
in  any  street,  stream  or  pond,  shall 
be  punishable  by  a fine  of  not  less 
than  two  dollars  nor  more  than 
twenty-five  dollars  or  by  imprison- 
ment in  the  county  jail  of  Westches- 
ter county  for  not  more  than  twenty- 
five  days,  or  by  both  such  fine  and 
imprisonment. 

Section  6.  Any  person  who  shall 
permit  slops,  sewage,  or  any  kind  of 
filth  to  run  from  any  lot  owned  or  oc- 
cupied by  him,  into  any  street,  shall 
be  punishable  by  a fine  of  not  more 
than  ten  dollars,  or  by  imprisonment 
in  the  county  jail  of  Westchester 
county  for  not  more  than  ten  days  or 
by  both  such  fine  and  imprisonment. 

Section  7.  Any  person  who  shall 
willfully  tear  down  or  deface  any  no- 
tice, handbill,  or  ordinance  posted  up 
in  the  city  by  order  of  the  Common 
Council,  shall  be  punishable  by  a fine 
of  not  less  than  ten  dollars  or  by  im- 
prisonment in  the  county  jail  of  West- 
chester county  for  not  more  than  ten 
days,  or  by  both  such  fine  and  im- 
prisonment. 

Section  8.  Any  person  who  shall 
throw  a stone,  stick  or  other  missile, 
in  any  street,  shall  be  punishable  by 
a fine  or  not  more  than  five  dollars 
or  by  imprisonment  in  the  county  jail 
of  Westchester  county  for  not  more 
than  five  days,  or  by  both  such  fine 
and  imprisonment. 

Section  9.  Any  person  who  shall 
bathe  in  the  Bronx  River  or  any 
stream  or  pond  within  the  city  be- 
twen  the  hours  of  seven  o’clock  in 
the  morning  and  eight  o’clock  in  the 
evening  unless  in  a suitable  bathing 
dress  or  covering,  shall  be  punishable 


by  a fine  of  not  less  than  two  dollars 
nor  more  than  five  dollars,  or  by  im- 
prisonment in  the  county  jail  of  West- 
chester county  for  not  more  than  five 
days,  or  by  both  such  fine  and  im- 
prisonment. 

Section  10.  Any  person  wno  shall 
keep  a brothel,  house  of  assignation, 
or  entertain  lewd  women  for  the  pur- 
pose of  prostitution,  or  procure  or  aid 
in  procuring  lewd  women  for  that  pur- 
pose shall  be  punishable  by  a fine  of 
not  less  than  twenty-five  dollars  nor 
more  than  fifty  dollars,  or  by  impris- 
onment in  the  county  jail  of  Westches- 
ter county  for  not  more  than  fifty 
days,  or  by  both  such  fine  and  impris- 
onment. 

Section  11.  Any  person  who  shall 
obstruct,  aid  or  assist  in  obstructing 
any  officer  in  the  execution  of  his 
duty,  shall  be  punishable  by  a fine  of 
not  less  than  five  dollars  nor  more 
than  fifty  dollars,  or  by  imprisonment 
in  the  county  jail  of  Westchester 
county  for  not  more  than  fifty  days, 
or  by  both  such  fine  and  imprison- 
ment. 

Section  12.  Any  person  who  shall 
post  any  handbills,  notice  or  adver- 
tisements of  any  kind  on  any  house, 
wall  or  fence  without  permission  of 
the  owner,  or  upon  any  post,  flag- 
stones, curb  stone,  telegraph  or  tele- 
phone pole,  shade  tree,  box,  hydrant 
or  other  place  in  any  street,  or  print, 
paint,  stamp  or  otherwise  mark  any 
words,  letters,  figures,  signs  or  tok- 
ens of  any  sort,  thereon  shall  be  pun- 
ishable by  a fine  of  not  less  than  five 
dollars  nor  more  than  fifty  dollars,  or 
by  imprisonment  in  the  county  jail 
of  Westchester  county  for  not  more 
than  fifty  days,  or  by  both  such  fine 
and  imprisonment. 

Section  13.  Any  person  who  shall 
sell  or  offer  for  sale  any  prize  pack- 
age of  merchandise  in  any  form  hav- 
ing a value  which  is  uncertain  and 
dependent  upon  some  unknown  quan- 
tity of  money  or  other  property  said 
to  be  contained  therein  or  therewith 
shall  be  punishable  by  a fine  of  not 


29 


less  than  five  nor  more  than  fifty  dol- 
lars for  each  offense,  or  by  imprison- 
ment in  the  county  jail  of  Westches- 
ter county  for  not  more  than  fifty 
days,  or  by  both  such  fine  and  im- 
prisonment. 

Section  14.  Any  person  who  shall 
keep  any  swine  within  the  limits  of 
the  city  without  a permit  from  the 
health  officer,  shall  be  punishable  by 
a fine  of  not  less  than  three  dollars 
nor  more  than  twenty  dollars  or  by 
imprisonment  in  the  county  jail  of 
Westchester  county  for  not  more 
than  twenty  days  or  by  both  such 
fine  and  imprisonment. 

Section  15.  Any  person  who  shall 
keep  any  cows  within  the  corporate 
limits  of  the  City  of  Mount  Vernon  in 
any  barn,  shed,  or  other  building  at  a 
less  distance  than  fifty  feet  from  any 
dwelling,  except  the  dwelling  occu- 
pied exclusively  by  the  person  keep- 
ing such  cows,  shall  be  punishable  by 
a fine  of  three  dollars,  and  a further 
fine  of  one  dollar  for  each  day’s  con- 
tinuance of  the  violation  of  .this  sec- 
tion, or  by  imprisonment  in  the  county 
jail  of  Westchester  county  for  not 
more  than  ten  days  or  by  both  such 
fine  and  imprisonment. 

Section  16.  Any  person  who  shall 
publicly  exhibit  any  theatrical,  rep- 
resentations, feats  of  horsemanship, 
circuses,  caravans  or  animals,  or  any 
animal  or  artificial  curiosity,  or  other 
shows  or  exhibitions,  or  performances 
in  said  city,  without  first  obtaining  a 
license  from  the  mayor  therefor,  and 
filing  a bond  satisfactory  to  the  mayor 
of  the  city,  in  the  penal  sum  of  two 
thousand  dollars  to  guarantee  the  city 
against  suits  for  damages  that  might 
arise  by  reason  of  any  acts  of  their 
agents  or  employees,  and  furnishing 
satisfactory  references  from  the  last 
town  where  said  show  was  exhibited, 
shall  be  punishable  by  a fine  of  not 
less  than  ten  dollars  nor  more  than 
fifty  dollars  or  by  imprisonment  in  the 
county  jail  of  Westchester  county  for 
not  more  than  fifty  days,  or  by  both 
such  fine  and  imprisonment.  For 
every  license  so  granted  there  shall 


be  paid  not  less  than  ten  dollars  nor 
more  than  one  hundred  dollars  at  the 
discretion  of  the  mayor.  Provided, 
however,  that  licenses  may  be  granted 
without  fee  for  any  church  or  school, 
or  for  any  benevolent,  charitable  or 
scientific  society,  or  for  any  local 
charity.  This  section,  however,  shall 
not  apply  to  any  show,  exhibition  or 
performance  given  in  a hall,  theatre, 
or  building  licensed  by  the  Common 
Council. 

Section  17.  All  processions  or  par- 
ades occupying  or  marching  upon  any 
sidev/alk,  street  or  public  place  of 
the  City  of  Mount  Vernon  (excepting 
the  national  guard,  political  parade, 
the  fire  department,  funeral  proces- 
sion engaged  in  the  actual  burial  of 
the  dead),  are  forbidden  unless  the 
written  consent  of  the  mayor  be  ob- 
tained, and  such  consent  shall  desig- 
nate the  street  or  streets  of  the  city 
through  which  said  procession  or  par- 
ade may  move;  such  licenses  shall  not 
be  given  unless  the  person  or  persons 
desiring  the  same  shall  file  a bond 
satisfactory  to  the  mayor  of  the  city, 
in  the  penal  sum  of  two  thousand  dol- 
lars to  guarantee  the  city  against 
suits  or  damages  that  might  arise  by 
reason  of  street  parades  or  any  acts 
of  their  agents  or  employees,  and 
pay  a license  fee  of  ten  dollars  to  the 
city  clerk  of  Mount  Vernon  and  fur- 
nish satisfactory  references  from  the 
last  town  where  said  show  was  ex- 
hibited. This  section  shall  not  apply 
to  shows  that  have  taken  a license 
and  filed  bonds  under  Section  18. 

Any  person  violating  this  section 
shall  be  deemed  guilty  of  a misde- 
meanor and  punished  by  a fine  not 
exceeding  fifty  dollars  or  by  impris- 
onment in  the  county  jail  of  the 
county  not  exceeding  fifty  days,  or  by 
both  such  fine  and  imprisonment  in 
the  discretion  of  the  court  in  which  a 
conviction  may  be  had. 

Section  18.  Any  owner  or  owners 
of  any  public  hall  in  this  city  who 
shall  hold  receptions,  concerts,  lec- 
tures, etc.,  in  said  hall  without  first 
obtaining  a license  therefor  shall  be 


30 


punishable  by  a fine  of  not  less  than 
ten  dollars  nor  more  than  fifty  dol- 
lars, or  by  imprisonment  in  the  coun- 
ty jail  of  Westchester  county  for  not 
more  than  fifty  days,  or  by  both  such 
fine  and  imprisonment.  For  every 
license  so  granted  there  shall  be  paid 
the  sum  of  fifty  dollars,  for  a yearly 
license  and  twenty-five  dollars  for  a 
six  months’  license.  No  license  shall 
be  granted  for  a less  period  than  six 
months. 

Section  19.  Any  person  or  persons 
who  shall  in  any  manner  disturb  or 
remove  or  aid  in  disturbing  or  remov- 
ing any  garbage  after  it  has  been  set 
out  on  the  sidewalk  in  cans  or  other 
receptacles  by  citizens  for  removal, 
except  those  in  the  employ  of  the  con- 
tractor duly  authorized  to  collect  and 
remove  the  same  in  said  city,  shall  be 
guilty  of  a misdemeanor,  and  shall  be 
punishable  by  a fine  of  not  less  than 
five  dollars  nor  more  than  fifty  dollars 
for  each  offence,  or  by  imprisonment 
in  the  county  jail  of  Westchester 
county  for  not  more  than  thirty  days, 
or  by  both  such  fine  and  imprisonment. 

CHAPTER  XXXII. 

Inspection  of  Steam  Boilers  and  En- 
gines, and  Licensing  Engineers. 

Section  1.  The  use  of  steam  boil- 
ers, except  as  authorized  by  this  ar- 
ticle, is  hereby  prohibited,  and  no  per- 
son shall  use,  or  permit  any  other 
person  to  use  a steam  boiler  until  the 
same  shall  have  been  duly  inspected 
and  the  use  thereof  permitted  and  li- 
censed, as  in  this  article  provided; 
nor  for  a longer  time  than  authorized, 
by  license  hereinafter  provided,  nor 
beyond  the  time  authorized  in  such 
license,  nor  after  such  license  shall 
have  been  revoked. 

Section  2.  No  person  shall  operate, 
manage  or  run  a steam  engine  or 
boiler  except  such  person  shall  have 
been  examined  and  licensed  so  to  do 
under  the  provisions  of  this  article. 

Section  3.  There  shall  be  an  in- 
spector of  engineers  and  of  steam 
boilers,  and  two  examiners  of  engin- 


eers, who  shall  be  nominated,  and 
with  the  consent  of  the  Common 
Council,  appointed  by  the  mayor.  The 
said  inspector  shall  be  a practical  ma- 
chinist and  engineer,  of  at  least  five 
years’  practice  and  experience,  and 
fully  acquainted  with  the  applied  phil- 
osophy of  steam.  The  said  examiners 
shall  each  be  practical  engineers,  not 
having  charge  of  any  engine  or  boiler 
in  this  city.  The  term  of  office  of  said 
inspector  and  examiners  shall  begin 
upon  the  first  day  of  October.  They 
shall  severally  hold  their  offices  one 
year,  and  until  their  successors  are 
appointed  and  shall  have  qualified. 
The  penalty  of  the  bond  required  from 
said  inspector  shall  be  two  hundred 
and  fifty  dollars. 

Section  4.  The  said  inspector  shall 
he  a resident  of  the  city  and  the  title 
of  his  office  shall  be  “The  inspector 
of  engineers  and  steam  boilers  of  the 
City  of  Mount  Vernon,”  and  the  title 
of  the  office  of  said  examiners  shall 
be  “Examiners  of  Engineers  of  the 
City  of  Mount  Vernon.”  The  said  ex- 
aminers shall  receive  as  compensa- 
tion the*  sum  of  five  dollars,  to  be  paid 
out  of  the  city  treasury,  for  each 
meeting  held  by  them,  but  shall  not 
be  paid  for  more  than  six  meetings  in 
any  one  year,  and  the  said  inspector 
shall  receive  no  other  compensation 
than  is  prescribed  in  this  article.  The 
said  inspector  and  examiners  shall 
constitute  a board  of  examiners  for 
the  examination  of  all  applicants  for 
examination  and  license  as  engineers 
under  the  provisions  of  this  article, 
and  the  said  inspector  shall  keep  a 
record  of  all  the  proceedings  of  such 
board.  The  said  inspector  shall  keep 
a record  of  all  engineers  examined  by 
such  board  of  examiners,  specifying  in 
all  cases  the  name  of  the  person  ex- 
amined, the  date  of  the  examination 
and  the  particulars  of  the  examina- 
tion, and  the  date  of  any  license 
granted  on  such  examination,  and  of 
all  renewals  thereof,  and  of  any  other 
matter  or  thing  with  reference  to 
such  examination  and  license  and  to 
the  person  licensed  which  he  shall 
think  proper  for  the  protection  of  the 


31 


public.  He  shall  also  keep  a record 
of  all  boilers  inspected,  the  manner 
and  time  of  inspection,  the  owner’s 
names  and  the  place  of  inspection,  a 
description  of  such  boilers  and  of  the 
attachments  and  appliances  thereof, 
the  date  and  particulars  of  any  license 
granted  for  any  such  boiler,  and  of 
any  change  authorized  to  be  made  in 
such  boiler  or  its  appliances,  and  the 
steam  pressure  desired  by  the  owner 
and  the  amount  of  steam  pressure 
authorized.  He  shall  keep  an  accurate 
account  of  all  fees  by  him  received. 
He  shall  make  to  the  Common  Coun- 
cil on  the  first  day  of  May,  August, 
November  and  February,  of  each  year, 
reports  showing  the  names  of  persons 
licensed  as  engineers  and  the  number 
of  their  licenses  respectively,  when 
issued,  and  the  reason  why  not  grant- 
ed when  a license  is  refused;  of  the 
boilers  inspected  and  the  names  of  the 
owners  and  the  location  of  the  boil- 
ers, the  numbers  of  the  licenses  for 
such  boilers,  respectively,  when  is- 
sued, and  the  reason  why  not  licensed 
when  a license  shall  have  been  re- 
fused; the  fees  by  him  received  and 
from  whom  received;  and  he  shall  at 
the  same  time  report  the  condition 
of  the  steam  boilers  in  the  city,  speci- 
fying imperfections  in  boilers  and 
derelictions  of  engineers  or  persons  in 
charge,  and  making  such  other  sug- 
gestions as  will  tend  to  the  safety  of 
life  and  property  in  the  use  of  steam. 
He  shall  also,  from  time  to  time,  and 
as  often  as  it  shall  occur,  report  in 
writing  to  the  mayor  all  violations  of 
this  article.  Said  inspector  at  the 
expiration  of  his  term  of  office,  or 
when  suspended  from  office  shall  de- 
liver to  the  city  clerk  all  records, 
books,  papers  and  other  property  be- 
longing to  the  city. 

Section  5.  The  said  inspector  shall 
annually  inspect  all  steam  boilers  set 
up,  used  or  to  be  used  in  said  city, 
and  all  appliances  connected  there- 
with, and  test  the  same.  He  shall  so 
do  at  such  times  as  shall  interfere  as 
little  as  possible  with  the  business 
connected  with  the  use  of  steam  gene- 
rated in  such  boilers.  He  shall  give 


reasonable  notice  of  the  day  and  hour 
of  the  day  when  he  will  make  such 
inspection  and  test,  by  notice  in  writ- 
ing to  be  delivered  to  any  such  per- 
son found  in  charge  of  any  such 
boiler.  The  strength  and  security  of 
such  boilers  shall  be  tested  by  hydro- 
static pressure  or  otherwise,  and  he 
shall  limit  the  pressure  of  steam  to  be 
applied  to  or  upon  such  bodies  re- 
spectively. In  limiting  the  amount  of 
pressure,  whenever  the  boiler  under 
test  will  bear  the  same,  the  limit  de- 
sired by  the  owner  shall  be  allowed 
and  licensed  by  the  inspector. 

Section  6.  In  case  any  steam  boiler 
or  the  appliances  or  apparatus  con- 
nected therewith  shall  be  deemed  by 
the  inspector,  after  inspection  and 
license,  to  be  insecure  or  dangerous, 
he  shall  prescribe  in  writing  to  the 
owner  such  changes  and  alterations 
as  may  render  such  boilers,  apparatus 
and  appliances  secure  and  devoid  of 
danger,  and  in  the  meanwhile,  and 
until  such  changes  and  alterations  are 
made,  and  such  appliances  attached, 
such  boiler,  apparatus  and  appliances 
may  be  taken  under  his  control,  and 
all  persons  are  hereby  prohibited  from 
using  the  same  under  such  conditions 
and  restrictions  as  the  said  inspector 
may  prescribe  in  writing. 

Section  7.  The  hydrostatic  pressure 
applied  by  such  inspector  in  testing 
any  steam  boiler  shall  in  no  case  ex- 
ceed the  limit  of  elasticity  of  the  iron 
of  which  made.  When  the  elasticity 
of  the  iron  of  which  the  boiler  is  made 
shall  have  been  ascertained  by  the 
officers  of  the  United  States  Govern- 
ment, and  is  known,  such  shall  be  the 
assumed  strength  of  the  iron;  when 
not  so  ascertained  and  known  the 
limit  of  elasticity  assumed  shall  not 
exceed  9,220  pounds  of  pressure  per 
square  inch  of  a section  when  double 
riveted  by  hand,  and  8,180  pounds  per 
square  inch  when  single  riveted. 

Section  8.  No  person  shall  subject 
or  permit  any  other  person  to  sub- 
ject any  boiler  to  a higher  steam  pres- 
sure than  that  specified  for  its  use  in 
the  license  to  be  issued,  which  shall 


32 


in  no  case  exceed  66  2-3  per  cent,  of 
the  hydrostatic  pressure  applied  on 
the  inspection  and  the  hammer  test. 

Section  9.  No  steam  boiler  shall  be 
used  which  shall  not  have  a safety 
valve  of  sufficient  area  to  carry  off 
steam  as  fast  as  generated,  and  at- 
tached thereto  an  escape  pipe  of  like 
area  leading  to  the  open  atmosphere. 
No  boiler  shall  be  used  which  shall 
not  have  some  sufficient  appropriate 
connection  for  supplying  it  with  water 
when  the  engine  is  not  in  operation. 
No  boiler  shall  be  used  without  a 
one  and  a quarter  inch  cock  attached 
thereto,  and  which  shall  not  have 
three  or  more  gauge  cocks,  also  a 
glass  water  gauge,  all  properly  affixed 
in  the  proper  places  and  in  good  work- 
ing order.  No  person  shall  use  or 
cause  to  be  used,  or  permit  to  be 
used,  any  steam  boiler  in  said  city 
not  so  provided,  and  no  person  shall 
load,  lock  or  hamper  the  safety  valve 
of  any  boiler  so  that  the  steam  ap- 
plied to  the  limit  of  pressure  will  not 
freely  escape  therefrom.  The  said 
inspector  is  hereby  authorized  and 
empowered,  after  having  inspected 
and  tested,  as  in  this  article  provided, 
any  steam  boiler  to  issue  to  the  owner 
of  such  boiler  a license  under  his 
hand,  licensing  and  permitting  the 
use  of  such  boiler,  which  shall,  after 
such  inspection  and  test,  have  been 
found  by  him  to  be  safe  for  use.  Such 
license  shall,  as  near  as  may  be,  de- 
scribe the  boiler  inspected,  tested  and 
licensed,  the  name  of  the  owner,  the 
date  when  inspected  and  tested,  the 
number  of  pounds  per  square  inch  to 
which  subjected,  the  number  of  pounds 
pressure  of  steam  desired  as  the  limit, 
by  the  owner,  the  number  of  pounds 
per  square  inch  permitted  and  auth- 
orized, the  time  during  which  such 
boiler  may  be  used  under  such  license 
shall  expire;  such  license  shall  also 
particularly  show  how  and  in  what 
manner  provided  as  to  all  the  particu- 
lars required  in  this  article.  All  such 
licenses  shall  be  numbered  consecu- 
tively. Such  licenses  shall  in  all  cases 
be  conspicuously  displayed  at  all  times 
in  the  engine  or  boiler  room. 


Section  10.  No  such  license  shall 
be  used  for  any  other  boiler  than  the 
one  for  which  it  was  issued. 

Section  11.  If  any  boiler  shall  be 
removed  or  reset  after  any  such  in- 
spection or  test,  such  act  of  removal 
or  resetting  shall  work  the  revoca- 
tion of  the  license. 

Section  12.  After  a boiler  shall 
have  been  inspected  and  tested  no 
change  shall  be  made  therein,  or  in 
setting  thereof  without  notice  to  such 
inspector  in  writing  of  the  intention 
so  to  do,  and  the  change  or  addition 
authorized  by  him  by  indorsement 
thereof  upon  the  license  already  is- 
sued. 

Section  13.  No  person  shall  with- 
out a certificate  of  qualification  and 
license,  to  be  issued  by  said  inspector, 
as  in  this  article  provided,  operate, 
manage  or  run  any  steam  engine  or 
boiler,  within  said  city,  and  then  only 
while  such  license  shall  be  of  force. 

Section  14.  No  person  having  charge 
or  control  of  any  steam  engine  or 
boiler,  either  as  owner,  superintend- 
ent, or  employee  shall  employ,  en- 
gage, authorize  or  permit  any  person 
to  operate,  manage  or  run  any  steam 
engine  or  boiler,  except  a person  hav- 
ing a 'certificate  of  qualification  and 
license,  to  be  issued  as  in  this  article 
provided,  and  only  when  such  license 
is  in  force. 

Section  15.  It  shall  be  the  duty  of 
the  aforesaid  board  of  examiners  to 
examine  all  persons  proposing  to  op- 
erate, manage  or  run  steam  engines 
or  boilers  and  to  certify  the  qualifica- 
tions of  such  as  they  shall  find  com- 
petent, and  to  license  such  persons  to 
operate,  manage  and  run  steam  en- 
gines or  boilers  either  as  first  or  sec- 
ond class  engineers,  as  in  Section  16 
provided.  The  said  inspector  and  ex- 
aminers shall,  within  ten  days  after 
they  are  appointed  and  have  qualified, 
publish  a notice  for  two  weeks  suc- 
cessively, in  the  official  city  newspa- 
pers, of  a time  and  place  when  and 
where  they  will  attend,  to  receive  ap- 
plications for  examination  and  license 


33 


as  engineers,  and  at  such  time  and 
place  they  shall  attend  and  sit  as  a 
board  of  examiners  and  to  receive 
such  applications,  make  such  examin- 
ations, and  continue  the  same  from 
time  to  time,  without  delay,  until  they 
shall  have  completed  the  examina- 
tions of  all  who  shall  then  apply,  and 
thereafter  they  shall  attend  and  ex- 
amine all  other  persons  applying  for 
such  examination  and  license,  at  such 
time  and  place  as  they  shall  appoint, 
not  more  than  ten  days  after  the  re- 
ceipt by  them  of  any  application  for 
such  examination.  Persons  desiring 
such  examination  shall  apply  to  said 
inspector  in  writing,  specifying  in  full 
their  names,  place  of  residence,  by 
street  number  if  possible,  their  pres- 
ent employment,  the  length  of  time  of 
their  employment  as  engineers,  the 
places  where  employed  for  one  year 
last  past  and  by  whom  employed,  and 
the  names  of  at  least  three  residents 
of  the  said  city  acquainted  with  their 
habits  of  sobriety.  Such  applications 
may  he  made  to  said  inspector,  by 
leaving  the  same,  addressed  to  him, 
at  the  office  of  the  city  clerk;  and  it 
shall  be  the  duty  of  such  inspector, 
upon  receiving  any  such  application 
in  writing  forthwith  to  notify  the  said 
examiners  thereof,  and  to  agree  with 
them  upon  the  time  and  place  for 
such  examination  and  to  notify  the  ap- 
plicant thereof. 

Section  16.  Every  person  examined 
for  certificate  and  license  as  an  en- 
gineer shall  be  examined  by  said 
board  of  examiners  as  to  his  knowl- 
edge of  the  mechanism  of  steam  ma- 
chinery and  the  construction  thereof, 
his  mechanical  skill,  general  knowl- 
edge and  experience,  and  his  habits 
of  sobriety.  There  shall  be  two 
classes  of  licenses;  one  to  first-class 
engineers,  and  one  to  second-class  en- 
gineers. To  all  such  persons  as  shall 
satisfactorily  show,  by  such  examina- 
tion, their  qualifications  and  compe- 
tency to  manage,  operate  and  run  a 
steam  engine  or  boiler,  without  haz- 
ard to  life  or  property,  the  said  in- 
spector is  hereby  authorized  and  re- 
quired forthwith  to  issue  a certificate 


of  qualification  and  license,  which 
shall  be  signed  by  said  inspector  and 
countersigned  by  said  examiners. 
Such  license  shall  specify  the  class  in 
which  the  person  to  w'hom  it  is  issued 
is  placed,  either  a first  or  a second- 
class  engineer.  No  license,  except  to 
a first-class  engineer,  shall  authorize 
such  person  to  operate,  run  or  man- 
age a steam  engine,  or  a boiler,  when 
the  engine,  if  any  is  connected  there- 
with, shall  be  in  operation.  The  li- 
cense to  a second-class  engineer  shall 
only  authorize  the  person  to  whom  it 
is  issued  to  have  charge  of  and  ope- 
rate a steam  boiler  when  not  con- 
nected with  any  engine,  or  when  the 
engine  connected  therewith  shall  not 
be  running  or  in  operation.  All  such 
licenses  shall  be  for  one  year  from 
the  date  thereof.  Such  licenses  may 
be  renewed  by  said  board  of  examin- 
ers for  a like  period  by  appropriate 
endorsement  thereon.  No  such  certifi- 
cate and  license  shall  be  issued  to 
any  person  if  it  appears  to  said  board 
of  examiners  that  such  person  lacks 
natural  capacity,  mechanical  skill, 
knowledge  or  experience  or  is  unfitted 
by  habits  of  insobriety,  to  perform  his 
duties  with  safety  to  life  and  prop- 
erty; and  for  like  reasons  a renewal 
of  any  license  granted  must  be  re- 
fused when  such  board  shall  so  de- 
termine, and  upon  satisfactory  infor- 
mation to  said  board  of  examiners  of 
any  such  deficiency  such  board  may 
revoke  any  such  license  granted. 

Section  17.  Any  person  feeling  him- 
self aggrieved  by  any  decision,  order 
or  ruling  of  said  inspector  or  board  of 
examiners  may  appeal  therefrom  to 
the  mayor  of  said  city  by  filing  with 
the  city  clerk  a notice  of  such  appeal 
in  writing  and  depositing  the  sum  of 
ten  dollars  within  thirty  days  after 
the  making  of  the  decision,  order  or 
ruling  so  appealed  from.  Such  notice 
shall  specify  the  decision,  order  or 
ruling  appealed  from,  and  the  reason 
why  the  same  is  claimed  to  be  wrong 
or  erroneous.  The  city  clerk  shall 
forthwith  notify  the  mayor  of  such 
appeal,  who  shall  within  forty-eight 
hours  thereafter  attend,  at  the  city 


34 


clerk’s  office  to  hear  and  decide  such 
appeal,  and  he  shall  notify  the  ap- 
pellant and  said  inspector  and  said 
board  of  examiners  to  attend;  the 
mayor  shall  hear  the  said  appellant 
and  said  inspector  and  said  board  of 
examiners,  and  shall  obtain  such  other 
advice  as  to  the  matter  as  he  may 
deem  proper,  and  he  may  affirm,  re- 
verse, or  modify  the  decision,  order 
or  ruling  of  said  inspector  or  said 
board  of  examiners,  by  his  order  in 
writing,  to  be  filed  without  delay  with 
the  city  clerk,  and  the  said  inspector 
or  board  of  examiners  shall  forthwith 
proceed  to  carry  out  and  enforce  such 
order  oi  the  mayor.  In  case  any  such 
order,  decision  or  ruling  of  said  in- 
spector or  said  board  of  examiners  he 
modified  or  reversed  by  the  mayor  the 
money  paid  by  said  appellant  to  the 
clerk  shall  be  returned  to  the  appel- 
lant, otherwise  it  shall  be  paid  to  the 
inspector  to  be  used  and  accounted 
for  by  him  in  the  same  manner  as  all 
other  fees  provided  for  herein. 

Section  18.  Whenever  any  steam 
boiler  shall  have  been  inspected  and 
insured  by  any  insurance  company  or- 
ganized and  authorized  by  law  to  in- 
sure steam  boilers  and  a certificate  of 
inspection  and  of  insurance  thereof 
shall  have  been  issued  and  delivered 
by  such  company  to  the  owners  there- 
of, such  certificate  of  inspection  and 
of  insurance  shall  by  the  owner  of 
such  boiler  be  presented  to  the  said 
inspector  of  engineers  end  of  boilers, 
at  or  before  the  time  fixed  by  the  said 
inspector  for  the  inspection  and  test- 
ing of  said  boiler,  and  in  the  notice 
prescribed  in  section  five  of  this  arti- 
cle, shall  state  the  fact  that  he  has 
such  certificate  of  inspection  and  in- 
surance, and  if  the  said  inspector  of 
engineers  and  boilers  shall  approve  of 
such  certificate,  and  of  the  company 
issuing  the  same,  and  of  the  manner 
of  the  inspection  and  the  result  there- 
of, as  stated  therein,  he  shall  write 
upon  the  face  of  the  certificate  the 
word  “approved”  and  sign  and  date 
the  same,  and  he  may  thereupon  issue 
a license  for  such  boiler,  without 
actual  inspection  and  testing,  stating 


in  such  license  the  matters  above  re- 
quired to  be  stated  in  such  license, 
obtaining  his  information  of  such 
matters  from  such  certificate,  where 
such  certificate  shall  state  such  facts, 
and  he  shall  in  such  license  state  the 
fact  of  such  boilers  not  being  actually 
inspected  and  tested  by  him  because 
of  such  certificate  of  inspection  and 
insurance.  When  such  certificate  of 
inspection  and  insurance  does  not 
state  all  the  matters  necessary  to  be 
stated  in  such  license,  he  shall  state 
such  facts  from  actual  examination 
and  inspection  or  test,  as  the  case 
may  be. 

Section  19.  Any  person  violating 
any  provision  of  the  foregoing  sec- 
tions one,  six,  eight,  nine,  ten  and 
twelve,  of  this  ordinance  shall  be 
punishable  by  a fine  of  not  less  than 
twenty-five  dollars  nor  more  than  fifty 
dollars  for  each  and  every  such  vio- 
lation or  by  imprisonment  in  the 
county  jail  of  Westchester  county  for 
not  more  than  fifty  days,  or  by  both 
such  fine  and  imprisonment,  and  when 
the  violation  shall  be  continued  from 
day  to  day  by  a further  fine  of  not  less 
than  twenty-five  dollars  nor  more  than 
fifty  dollars  or  by  imprisonment  in 
the  county  jail  of  Westchester  county 
for  not  more  than  fifty  days,  or  by 
both  such  fine  and  imprisonment,  for 
each  and  every  day  such  violation 
shall  be  continued. 

Section  20.  Any  person  violating 
any  of  the  provisions  of  the  forego- 
ing sections  two,  thirteen  and  four- 
teen of  this  ordinance  shall  be  pun- 
ishable by  a fine  of  not  less  than  ten 
dollars,  nor  more  than  twenty-five 
dollars  for  each  and  every  such  vio- 
lation or  by  imprisonment  in  the 
county  jail  of  Westchester  county  for 
not  more  than  twenty-five  days,  or  by 
both  such  fine  and  imprisonment  and 
when  such  violation  shall  he  con- 
tinued from  day  to  day,  a further  fine 
of  twenty-five  dollars  for  each  and 
every  day  such  violation  shall  be  con- 
tinued, or  by  imprisonment  in  the 
county  jail  of  Westchester  county  for 
not  more  than  twenty-five  days,  or  by 
both  such  fine  and  imprisonment. 


35 


Section  21.  The  inspector  of  en- 
gineers and  of  steam  boilers  shall  col- 
lect and  receive  the  following  fees, 
all  of  which  shall  be  paid  before  the 
performance  of  the  particular  service 
for  which  the  fee  is  charged, 

1.  For  the  examination  of  a steam 
engineer,  the  sum  of  two  dollars,  to 
include  the  fee  for  certificate  and  li- 
censes to  be  granted  when  the  per- 
son shall  be  found  qualified  and  for 
every  endorsement  of  renewal  of  such 
licenses,  the  sum  of  fifty  cents. 

2.  For  inspecting  and  testing  a sin- 
gle steam  boiler,  five  dollars,  and 
when  two  or  more  steam  boilers  are 
connected  with  the  same  engine,  and 
may  be  and  are  inspected  and  tested 
at  the  same  time,  the  sum  of  three 
dollars  for  each  boiler  after  the  first. 
When  the  inspection  of  such  addition- 
al steam  boiler  may  not  be  made  at 
the  same  time  with  the  first  boiler, 
five  dollars  for  each  additional  boiler. 
The  foregoing  to  include  the  fee  for 
the  license  to  be  issued  to  authorize 
the  use  of  such  boiler, 

3.  For  inspecting  a certificate  of  in- 
spection and  insurance  of  a steam 
boiler  issued  by  an  insurance  com- 
pany and  issuing  a license  for  such 
boiler,  one  dollar,  and  for  making 
any  further  necessary  examination  of 
a boiler,  to  ascertain  facts  not  stated 
in  such  certificate,  the  further  sum  of 
one  dollar. 

4.  The  said  inspector  shall  pay  over 
to  the  city  treasurer  one-quarter  of  all 
such  fees  and  the  balance  shall  be  re- 
tained by  him  to  his  own  use. 

Section  22.  This  ordinance  shall  not 
apply  to  railroad  locomotives  used  as 
such,  nor  to  boilers  actually  used  for 
propelling  steam  vessels  navigating 
the  Eastchester  Creek  when  the  same 
shall  have  been  inspected  and  licensed 
by  the  laws  of  the  United  States  or  in 
pursuance  thereof.  Nor  shall  this  ar- 
ticle apply  to  steam  boilers  solely 
used  for  heating  purposes,  nor  to  per- 
sons operating  same. 


CHAPTER  XXXIII. 

Relating  to  the  Erection,  I nstallation, 
Altering  and  Repairing  of  Electrical 
Constructions  in  the  City  of  Mount 
Vernon  and  the  Duties  and  Powers 
of  the  City  Electrician  of  Said  City. 

Section  1.  Be  it  ordained  by  the 
Common  Council  of  the  City  of  Mount 
Vernon  that  the  office  of’  the  city  elec- 
trician be  and  the  same  hereby  is, 
established  in  the  said  city. 

Section  2.  It  shall  be  the  duty  of 
the  city  electrician  to  inspect  all  over- 
head and  under  ground  street  con- 
structions, poles,  brackets,  fixtures, 
crossarms,  subways,  wires  and  electri- 
cal constructions  of  whatever  charac- 
ter, he  shall  report  to  the  Common 
Council  such  as  are  defective  or  need 
to  be  repaired,  removed  or  rebuilt, 
whereby  in  his  judgment  life  or  prop- 
erty is  endangered  and  it  shall  be  his 
duty  to  see  that  all  laws  and  ordin- 
ances now  in  force  or  that  may  here- 
after be  enacted,  governing  electrical 
power  of  the  construction  or  the  use 
or  transmission  thereof,  in  said  city 
are  strictly  complied  with,  and  that 
no  electrical  work  be  done  or  be  in 
use  which  endangers  life  or  property. 
Said  city  electrician  shall  have  the 
right  during  all  reasonable  hours  to 
enter  any  manhole  or  subway  in  the 
discharge  of  his  official  duties  or  for 
the  purpose  of  making  any  electrical 
tests  of  the  electrical  apparatus  or  ap- 
pliances therein  contained  and  for  that 
purpose  he  shall  be  given  prompt  ac- 
cess to  all  manholes  and  subways 
upon  application  to  the  corporation  or 
individual  owning,  or  in  charge  or  con- 
trolling the  same.  Said  city  electrician 
shall  have  the  power  in  the  event  of 
fire  within  the  city  limits  or  upon  the 
occasion  of  a severe  storm  or  other 
emergency  or  in  case  of  any  defective 
electrical  construction,  to  turn  off  or 
cause  to  be  turned  off  any  electrical 
current  that  in  his  judgment  is  dan- 
gerous to  life  or  property  and  it  shall 
be  unlawful  to  turn  on  such  current 
without  a permit  from  said  city  elec- 
trician or  a resolution  of  the  Com- 
mon Council.  Said  city  electriciari 


36 


shall  have  authority  to  remove  or 
cause  to  be  removed  all  dead  wires  or 
poles  found  in  the  streets  or  public 
places  in  said  city,  after  first  having 
reported  the  existence  of  the  same  to 
the  Common  Council  and  having  been 
authorized  by  it  to  effect  such  re- 
moval. 

Section  3.  Said  city  electrician  shall 
in  the  discretion  of  the  Common  Coun- 
cil be  furnished  an  office  or  headquar- 
ters and  proper  books  for  his  use  and 
shall  attend  at  said  office  between  the 
hours  of  nine  and  ten  o’clock  in  the 
forenoon  and  three  and  four  o’clock 
in  the  afternoon  of  each  day  other 
than  Sundays,  and  holidays,  unless  an 
emergency  requires  his  presence  else- 
where in  the  discharge  of  his  official 
duties,  during  these  hours  on  any  day. 
He  shall  keep  a record  of  all  applica- 
tions for  permits  to  string  wires,  all 
certificates  of  inspection  issued  by 
him,  and  all  inspections  made  by  him 
with  the  date  thereof  and  such  books 
and  records  shall  be  at  all  times  open 
for  public  inspection. 

Section  4.  It  shall  hereafter  be  un- 
lawful for  any  person  or  corporation 
to  string,  add  to,  change,  or  alter  any 
wire  for  transmission  of  electric  cur- 
rent or  cause  the  same  to  be  done  or 
to  make  any  electrical  construction  in 
any  of  the  streets  or  public  places  of 
said  city  without  first  obtaining  a per- 
mit so  to  do  from  said  city  electrician, 
but  in  case  such  permit  be  refused  the 
Common  Council  may  by  resolution 
order  the  issuance  thereof. 

Section  5.  Any  person,  persons  or 
corporations  violating  any  of  the  fore- 
going provisions  of  this  ordinance 
shall  be  deemed  guilty  of  a misde- 
meanor and  shall  upon  conviction 
thereof  by  any  magistrate  be  punish- 
ed by  a fine  of  not  more  than  twenty- 
five  dollars  for  each  offense,  or  may 
be  committed  to  the  county  jail  of 
Westchester  county  for  not  more  than 
twenty-five  days,  or  may  be  both  so 
fined  and  imprisoned. 

Section  6.  No  person  except  the  city 
electrician  shall  tamper  with  the  po- 


lice signal  system  or  cut  any  wire  or 
break  or  interfere  with  any  circuit 
thereof.  Any  person,  persons  or  cor- 
porations violating  the  provisions  of 
this  section  upon  conviction  thereof 
by  any  magistrate  shall  be  deemed 
guilty  of  a misdemeanor  and  shall  be 
punished  by  a fine  of  not  more  than 
twenty-five  dollars  for  each  offense  or 
may  be  committed  to  the  county  jail 
of  Westchester  county  for  not  more 
than  twenty-five  days  or  may  be  both 
so  fined  and  imprisoned. 

Section  7.  All  poles  now  erected  or 
hereafter  to  be  erected  within  the 
city  to  which  any  wire  may  be  at- 
tached or  suspended  for  the  purpose 
of  conducting  electricity  shall  be  kept 
painted  in  some  uniform  style,  satis- 
factory to  the  Common  Council. 

Section  8.  Every  person  or  cor- 
poration owning,  leasing  or  operating 
any  wire  within  the  city  conducting 
electricity  shall,  within  forty-eight 
hours  after  notice  so  to  do  by  the 
city  electrician,  begin  to  make  such 
substitution  of  or  repairs  to  any  post, 
support,  crossarm,  stay,  subway  or 
conduit  as  may  be  required  by  said 
city  electrician  and  shall  continue  and 
complete  the  same  as  speedily  as  the 
same  can  be  done,  and  if  default  be 
made  in  either  beginning  or  complet- 
ing the  same,  the  city  electrician  shall 
forthwith  report  such  default  to  the 
Common  Council  and  said  Common 
Council  may  require  the  same  to  be 
done  by  the  city  electrician  or  under 
his  direction  and  the  cost  thereof  shall 
be  recovered  from  the  person  or  cor- 
poration required  to  do  such  work,  in 
a civil  action  to  be  brought  in  the 
name  and  on  behalf  of  the  City  of 
Mount  Vernon. 

Section  9.  Upon  the  request  of  the 
city  electrician  any  person,  persons 
or  corporation  owning  or  operating 
any  electric  or  other  wires  upon,  over 
or  under  any  street  within  said  city 
shall,  within  fifteen  days  thereafter 
furnish  an  accurate  list  of  the  location 
of  the  poles,  and  the  number  of 
crossarms  thereto  affixed  and  the 
number  of  wires  thereto  attached,  the 


location  of  subways  and  manholes  and 
any  other  information  in  relation  to 
the  method  of  their  operation,  to- 
gether with  the  location  where  ser- 
vice is  rendered,  viz; — telegraphic, 
telephonic,  or  electric  lighting  (speci- 
fying whether  arc  or  incandescent) 
or  for  electrical  power,  owned,  oper- 
ated or  controlled  by  him  or  it. 

Section  10.  All  poles  carrying  wires 
shall  be  designated  by  stencil  with  the 
name  of  the  person  or  corporation 
owning  or  using  the  same. 

Section  11.  No  wire,  or  wires  or 
other  electrical  fixtures  shall  be  at- 
tached to  any  trees  upon  or  along  any 
street,  avenue  or  highway  in  said  city 
without  a permit  from  the  owner  of 
the  trees  and  the  City  Electrician. 
Hereafter  where  wires  are  strung- 
through  trees  where  they  are  liable 
to  come  in  contact  with  such  trees, 
they  shall  be  doubly  insulated  and 
otherwise  protected  in  an  approved 
manner.  Any  person  or  corporation 
violating  any  provision  of  this  section 
shall  be  deemed  guilty  of  a misde- 
meanor and  shall  upon  conviction 
thereof  by  any  magistrate  be  punished 
by  a fine  of  not  more  than  ten  dollars 
for  each  offense,  or  by  imprisonment 
in  the  county  jail  of  Westchester 
county  for  not  more  than  ten  days,  or 
by  both  such  fine  and  imprisonment. 

Section  12.  All  high  tension  wires 
shall  be  placed  and  maintained  at 
least  sixteen  inches  in  the  clear  from 
any  and  all  telephone,  telegraph  or 
other  wire  of  lower  tension. 

CHAPTER  XXXIV. 

In  Relation  to  Hackney-coaches,  Cabs, 
Stages  or  Other  Vehicles  Which 
May  Be  Used  for  the  Conveyance 
of  Passengers  or  Baggage. 

Section  1.  Every  person  keeping  or 
who  may  keep  a hackney  coach,  cab 
or  other  carriage  or  any  vehicle  for 
hire  for  the  conveyance  of  passengers, 
or  any  vehicle  conveying  the  baggage 
of  passengers  within  the  bounds  of 
the  city  and  every  person  owning, 
keeping,  or  being  in  possession  of 


such  hackney  coach,  cab  or  other  ve- 
hicle, which  he  lets  for  the  convey- 
ance of  passengers  or  baggage  within 
the  city  limits  which,  whether  such 
hackney  coach,  cab  or  vehicle  be  kept, 
used  or  let  for  the  purpose  aforesaid 
in  connection  with  any  livery  stable 
business  or  otherwise,  shall  obtain 
from  the  mayor  a license  therefor; 
and  such  license,  shall  state  the  num- 
ber of  the  coach,  cab,  carriage,  bag- 
gage wagon  or  vehicle  and  shall  con- 
tine  in  force  until  the  3rd  day  of 
January  next  after  the  date  thereof. 
Any  person  keeping,  or  who  may  keep, 
own  or  be  in  possession  of  any  coach, 
cab,  carriage  or  vehicle  or  baggage 
wagon  or  vehicle  for  hire,  or  which 
he  lets  for  the  conveyance  of  passen- 
gers or  baggage  as  above  specified, 
who  shall  not  have  obtained  such 
license  therefor,  shall  be  subject  to  a 
fine  of  not  more  than  ten  dollars  ($10) 
or  to  imprisonment  in  the  county  jail 
of  Westchester  county  for  not  more 
than  ten  (10)  days  for  each  offense, 
or  by  both  such  fine  and  imprison- 
ment. 

Section  2.  The  Mayor  is  hereby 
authorized  to  grant  licenses  under  the 
corporate  seal,  attested  by  the  city 
clerk  to  keep  hacks,  cabs,  carriages 
and  stages  for  hire  and  to  suspend  or 
revoke  said  license  at  pleasure. 

Section  3.  Any  person  procuring 
such  license  shall  pay  to  the  city  clerk 
therefor,  the  sum  of  three  dollars  ($3) 
if  for  a vehicle  with  two  horses  at- 
tached, and  the  sum  of  two  dollars 
and  fifty  cents  ($2.50)  if  for  a four- 
wheeled  vehicle  with  only  one  horse 
attached,  and  two  dollars  ($2)  if  for 
a two-wheeled  vehicle  with  one  horse 
only  attached,  and  the  sum  of  six  dol- 
lars ($6)  if  for  a vehicle  commonly 
known  as  an  automobile. 

Section  4.  Every  driver  of  a hack- 
ney coach,  carriage  or  cab,  shall,  on 
receiving  his  license,  pay  to  the  city 
clerk  the  sum  of  one  dollar  ($1.00) 
therefor,  and  for  every  renewal  the 
sum  of  fifty  cents  (50c.). 

Section  5.  No  person  shall  drive 
any  hackney  coach,  carriage  or  cab 


38 


^vithout  having  been  at  the  time  li- 
censed as  aforesaid;  and  no  owner 
of  any  hackney  coach,  carriage  or  cab 
shall  suffer  or  permit  any  person  to 
drive  such  hackney  coach,  carriage  or 
cab  who  is  not  licensed  as  aforesaid. 

Section  6.  Every  licensed  owner  or 
driver  of  any  hackney  coach,  carriage 
or  cab,  whenever  he  shall  drive  the 
same,  or  shall  be  with  his  coach,  car- 
riage or  cab  on  any  public  stand  or 
at  any  railroad  depot,  or  while  wait- 
ing for  employment  at  any  place,  --hail 
wear  conspicuously  on  his  left  breast 
a badge  in  the  form  of  a shield  to  be 
made  of  German  silver  or  other  white 
metal,  with  the  number  of  his  coach, 
carriage  or  cab  thereon  in  plain  black 
figures,  of  not  less  than  one-half  inch 
in  length,  and  the  word  “Licensed” 
above  and  the  word  “hack”  beneath 
such  number  in  semi-circular  form, 
the  letters  to  be  not  less  than  one- 
quarter  of  an  inch  in  length. 

Section  7.  The  mayor  or  chief  of  po- 
lice are  hereby  authorized  to  desig- 
nate public  stands;  to  permit  so  many 
and  such  coaches,  carriages  or  cabs, 
as  in  their  judgment  may  be  neces- 
sary to  stand  at  such  places  as  they 
may  deem  proper  for  the  accommoda- 
tion of  the  travelling  public.  The 
mayor  or  chief  of  police  may  give 
such  orders  respecting  the  standing 
of  hackney  coaches,  carriages  or  cabs 
at  and  near  railroad  depots  and  places 
of  amusement  at  night,  and  at  and 
upon  the  stands  designated  and  speci- 
fied for  such  hackney  coaches,  car- 
riages or  cabs  as  may  be  necessary 
to  preserve  order,  and  all  such  orders 
shall  be  obeyed. 

Section  8.  No  person,  except  a li- 
censed driver  of  a hackney  coach,  car- 
riage or  cab,  shall  wear  the  badge  of 
any  licensed  driver,  or  any  badge  pur- 
porting to  be  the  badge  of  any  licensed 
driver  nor  shall  any  person  other  than 
a licensed  driver  or  owner  solicit  pas- 
sengers for  any  hackney  coach,  car- 
riage or  cab;  nor  shall  any  licensed 
driver  wear  any  other  than  his  own 
badge,  or  suffer  or  permit  any  other 
person  to  wear  his  badge. 


Section  9.  The  last  four  sections 
shall  not  apply  to  any  licensed  owner 
or  driver  of  any  coach,  carriage  or 
cab  having  special  license. 

Section  10.  Every  hackney  coach, 
carriage  or  cab,  which  shall  resort  to 
or  come  upon  any  of  the  stands,  or 
which  shall  be  found  waiting  for  hire 
at  a place  other  than  the  stable  of 
the  owner  thereof,  shall  be  marked 
and  numbered  in  the  manner  follow- 
ing, that  is  to  say:  the  license  num- 
ber of  the  hackney  coach,  carriage  or 
cab,  shall  be  fixed  in  plain,  legible  fig- 
ures in  metal  of  at  least  two  inches  in 
length,  and  a quarter  of  an  inch  thick 
on  each  side  of  the  rocker  immedi- 
ately under  the  doors  of  the  carriage, 
on  the  outside  thereof,  and  such  con- 
spicuous place  on  the  inside  of  the 
coach,  carriage,  or  cab  as  shall  be 
designated  and  approved  by  the  chief 
of  police. 

Section  11.  Every  hackney  coach, 
carriage  or  cab,  when  driven  and  used 
in  the  night,  shall  have  upon  some 
conspicuous  part  of  the  outside  there- 
of two  lighted  lamps  with  plain  glass 
fronts  and  sides  and  have  its  license 
number  in  plain  legible  figures  at  least 
two  inches  in  length  (and  no  other 
figure  or  device)  painted  with  black 
paint  upon  each  of  the  side  lamps. 

Section  12.  Xo  owner  or  driver  of 
any  hackney  coach,  carriage  or  cab, 
while  on  any  of  the  stands,  or  while 
waiting  for  employment  at  any  place, 
other  than  at  the  stable  or  residence 
of  the  owner  thereof,  shall  refuse  or 
neglect  to  convey  any  person  or  per- 
sons to  any  place  or  places  in  the 
city,  but  shall  immediately  carry  such 
person  or  persons  to  the  place  re- 
quired, and  shall  not  take  any  other 
passenger  without  his  or  their  con- 
sent. 

Section  13.  X’o  person,  whether 
owner  or  driver  of  any  hackney  coach, 
carriage  or  cab  or  accommodation 
stage  coach  while  waiting  for  employ- 
ment at  any  public  stand,  shall  snap 
or  flourish  his  whip  or  leave  such 
coach,  carriage  or  cab  or  accommoda- 
tion stage  coach,  for  the  purpose  of 


39 


looking  for  employment  for  such 
coach,  carriage,  cab  or  accommoda- 
tion stage  coach. 

Section  14.  All  the  provisions  and 
penalties  of  this  article  except  those 
requiring  lamps  shall  apply  also  to 
sleighs  and  to  the  owners  and  drivers 
thereof,  when  such  sleigh  shall  be 
driven  and  used  for  the  conveyance 
of  passengers  for  hire  or  wages. 

Section  15.  The  price  or  rates  of 
fare  to  be  taken  or  paid  to  the  owner 
or  drivers  of  hackneys  coaches,  car- 
riages, or  cabs  shall  be  as  follows:  to 
wit:  — 

1.  For  conveying  one  or  two  pas- 
sengers any  distance  not  exceeding 
one  mile,  twenty-five  (25c.)  cents 
each;  except  that  for  conveyance  in  a 
vehicle  commonly  known  as  an  auto- 
mobile, the  price  or  rate  for  convey- 
ing one  or  two  passengers  any  dis- 
tance not  exceeding  one  mile  shall 
be  fifty  (50c.)  cents  each. 

2.  For  carrying  a passenger  any 
distance  exceeding  one  mile  within 
the  city  limits,  (50c.)  cents,  and  for 
each  additional  passenger  twenty-five 
(25c.)  cents;  except  that  for  the  con- 
veyance commonly  known  as  an  auto- 
mobile, the  price  or  rate  for  convey- 
ing a passenger  any  distance  exceed- 
ing one  mile  within  the  city  limits 
shall  be  one  dollar  ($1.00)  and  for 
each  additional  passenger  fifty  (50c.) 
cents. 

3.  For  returning  a passenger  the 
same  rates  as  above  prescribed  for 
the  conveyance  of  “a  passenger”  and 
for  returning  each  additional  passen- 
ger the  same  rates  as  above  pre- 
scribed for  the  conveyance  of  “each 
additional  passenger.” 

4.  For  the  conveyance  of  passen- 
gers between  the  hours  of  midnight 
and  5 A.  M.,  they  shall  be  allowed  to 
charge  double  fares. 

5.  For  the  use  of  a hackney  coach 
or  carriage  by  the  hour,  with  one  or 
more  passengers  with  the  privilege 
of  going  from  place  to  place  and  stop- 
ping as  often  as  may  be  required  one 
dollar  per  hour,  and  for  the  use  of  a 


cab  in  the  same  manner  seventy-five 
(75c.)  per  hour. 

6.  For  the  conveyance  of  children 
between  the  ages  of  seven  and  twelve 
years  half  price  only  is  to  be  charged 
and  for  children  under  seven  years 
of  age  no  charge  is  to  be  made  when 
accompanied  by  an  adult. 

7.  Whenever  a hackney  coach,  car- 
riage or  cab  shall  be  detained,  ex- 
cepting as  aforesaid,  the  owner  or 
driver  of  a hackney  coach  or  carriage 
shall  be  allowed  at  the  rate  of  one 
dollar  ($1.00)  per  hour,  and  the  owner 
or  driver  of  a cab  shall  be  allowed  at 
the  rate  of  seventy-five  (75c.)  cents 
per  hour. 

8.  Every  driver  or  owner  of  a 
hackney  coach,  carriage  or  cab,  shall 
carry,  transport  or  convey  in  or  upon 
his  coach,  carriage  or  cab,  in  addition 
to  the  person  or  persons,  therein  one 
trunk,  valise,  carpet  bag,  portman- 
teau or  box,  not  exceeding  one  hun- 
dred pounds  in  weight,  for  each  pas- 
senger, if  he  be  requested  to  do  so, 
without  charge  or  compensation,  but 
every  trunk  or  such  article  above 
named  weighing  over  one  hundred 
pounds  or  in  excess  of  one  for  each 
passenger,  he  shall  be  entitled  to 
charge  the  same  rate  as  for  convey- 
ing an  additional  passenger. 

9.  In  all  cases  where  the  hiring  of 
a hackney  coach,  carriage  or  cab  is 
not  at  the  time  thereof  specified  to 
be  by  the  day  or  hour,  it  shall  be 
deemed  by  the  mile, 

10.  The  owner  of  a hackney  coach, 
carriage  or  cab  shall  not  be  entitled 
to  receive  any  pay  for  the  convey- 
ance of  any  passenger  from  whom  he 
shall  have  demanded  any  greater  price 
or  rate  than  he  may  be  authorized  to 
receive  as  aforesaid,  and  unless  the 
number  of  his  hackney  coach,  car- 
riage or  cab  and  the  rates  and  prices 
of  fare,  shall  be  placed  and  fixed  in 
his  vehicle  in  the  manner  prescribed 
by  this  article,  at  the  same  time  such 
passenger  may  be  conveyed  in  such 
vehicle,  and  (except  in  the  case  of 
vehicles  used  only  for  the  conveyance 
of  baggage)  any  person  obtaining  a 


40 


license  as  prescribed  by  this  article 
shall  also  receive  from  the  city  clerk, 
without  additional  charge,  two  cards 
on  which  shall  be  plainly  printed  the 
regulations  and  fees  established  by 
these  ordinances,  which  such  licensed 
person  shall  maintain  in  such  places 
in  such  carriage,  sleigh  or  vehicle  as 
to  be  conveniently  read  by  passengers 
at  all  times. 

Any  violation  of  any  of  the  provis- 
ions of  this  section  shall  subject  the 
owner,  keeper  or  driver  of  any  such 
carriage  or  vehicle  to  a fine  of  not 
less  than  ten  (10)  nor  more  than 
twenty-five  ($25)  dollars,  or  to  im- 
prisonment in  the  county  jail  of 
Westchester  county  for  not  less  than 
ten  nor  more  than  twenty-five  days 
for  each  offense,  or  both  such  fine  and 
imprisonment. 

Section  16.  The  mayor  is  hereby 
authorized  to  grant  licenses  under  the 
corporate  seal,  attested  by  the  city 
clerk,  to  keep  special  hackney 
coaches,  carriages  or  cabs,  which  shall 
not  use  the  public  stands. 

Section  17.  Every  person  licensed 
as  provided  in  the  last  preceding  sec- 
tion shall  pay  to  the  city  clerk  the 
sum  of  two  dollars. 

Section  18.  The  chief  of  police  shall, 
at  all  reasonable  times  have  free  ac- 
cess to  such  hackney  coaches,  car- 
riages and  cabs  within  the  premises 
of  their  owners  vvithout  hindrance. 

Section  19.  It  shall  be  the  duty  of 
the  chief  of  police  to  visit  the  public 
stands,  and  all  places  where  hackney 
coaches,  carriages  and  cabs  are  per- 
mitted to  stand.  He  shall  have  the 
power  to  order  away  from  the  stands, 
and  from  all  other  places,  any  hack- 
ney coach,  carriage  or  cab  not  pro- 
vided with  a number  or  with  lamps 
after  dark  lighted,  and  numbered  as 
hereinbefore  required,  or  not  furnish- 
ed with  proper  and  suitable  harness 
and  horses,  of  if  the  same  in  his 
opinion  shall  be  improperly  obstruct- 
ing the  street,  or  if  the  horses  at- 
tached thereto  are  unruly,  or  if  the 
driver  or  person  having  charge  of 


such  hackney  coach,  carriage,  or  cab 
is  intoxicated  or  in  any  manner  mis- 
behaves himself. 

Section  20.  It  shall  be  the  duty  of 
the  said  chief  of  police  to  see  that  all 
the  laws  regulating  hackney  coaches, 
carriages  and  cabs,  are  in  every  re- 
spect complied  with. 

Section  21.  Licenses  to  keep  and 
run  accommodation  coaches,  stages, 
or  vehicles,  for  the  transportation  of 
passengers  for  hire,  upon  designated 
routes,  may  be  issued  by  the  mayor, 
under  the  corporate  seal,  and  attested 
by  the  city  clerk.  Such  license  shall 
specify  in  each  case,  and  for  each  of 
such  coaches,  stages  or  vehicles,  the 
name  of  the  owners,  its  number  and 
the  route  for  which  the  license  shall 
be  granted. 

Section  22.  Every  person  licensed 
by  virtue  of  the  preceding  section 
twenty-one  shall  pay  therefor  for 
every  such  accommodation  coach, 
stage  or  vehicle  kept  or  used  by  him 
the  sum  of  five  dollars  for  the  license, 
to  expire  on  the  3rd  day  of  January 
next  after  its  issue. 

And  for  a license  for  one  or  more 
days  the  sum  of  twenty-five  cents  for 
each  and  every  day.  The  price  of 
rates  of  fare  to  be  charged  by  or  paid 
to  the  owners  or  drivers  of  such  ac- 
commodation coaches,  stages  or  vehi- 
cles shall  not  exceed  the  sum  of  ten. 
cents  for  each  mile  and  the  fraction, 
of  a mile  for  each  passenger. 

The  license  fee  to  be  paid  by  those 
persons  under  the  provisions  of  this 
and  the  preceding  sections,  after  the 
third  day  of  January  in  each  year, 
shall  equal  as  many  twelfth  parts  of 
the  license  fee  as  there  are  months 
remaining. 

Section  23.  No  person  shall  keep  or 
drive  or  hire  any  accommodation 
coach  or  stage,  or  stage  coach  by 
whatever  name  or  title  the  same  may 
be  known  or  designated  without  be- 
ing licensed  as  aforesaid. 

Section  24.  The  mayor  is  hereby 
authorized  to  grant  licenses  to  drivers 
of  such  coaches  as  are  herein  men- 


41 


tioned  as  often  as  may  be  necessary, 
and  to  suspend  or  revoke  the  same 
whenever  he  may  deem  it  expedient; 
and  every  driver  of  a stage  or  accom- 
modation coach  shall,  on  receiving  his 
license,  pay  to  the  city  clerk  the  sum 
of  twenty-five  cents. 

Section  25.  The  provisions  and 
penalties  of  the  several  sections  of 
the  ordinances  regulating  hackney 
coaches,  and  the  drivers  thereof,  shall 
apply,  in  every  respect  to  all  accom- 
modation stages  or  coaches,  or  stage 
coaches,  which  shall  or  may  be  li- 
censed, by  virtue  of  the  provisions  of 
this  article,  and  to  the  drivers  thereof. 

Section  26.  All  licenses  granted  un- 
der the  provisions  of  this  article  ex- 
cept daily  licenses  shall  expire  on  the 
3rd  day  of  January  next  after  the  date 
thereof. 

Section  27.  Every  license  granted 
under  the  provisions  of  this  article 
shall  state  the  number  of  the  hackney 
coach  or  cab,  sleigh,  accommodation 
coach,  or  stage  coach,  and  a separate 
license  shall  be  taken  out  for  each. 

Section  28.  Every  person  licensed 
as  aforesaid  may,  without  additional 
license,  use  or  drive  a sleigh  instead 
of  the  licensed  hackney  coach,  car- 
riage or  cab,  or  accommodation  stage. 
All  provisions  of  this  article,  except 
as  hereinbefore  provided,  shall  apply 
to  such  sleigh. 

Section  29.  The  words  “hackney 
coach,  carriage  or  cab”  as  used  in  this 
article  shall  be  construed  to  mean 
such  vehicles  as  are  used  or  driven 
to  convey  passengers  for  hire. 

Section  30.  Except  as  otherwise 
herein  specifically  provided  every  per- 
son violating  any  of  the  provisions  of 
this  article  shall  pay  a fine  of  not 
more  than  ten  dollars,  or  be  impris- 
oned in  the  county  jail  of  Westches- 
ter county  for  a period  of  not  more 
than  ten  days  for  each  offense,  or  be 
both  so  fined  and  imprisoned. 


CHAPTER  XXXV. 

In  Reference  to  Weights  and  Meas- 
ures in  Said  City. 

Section  1.  The  mayor  of  the  City 
of  Mount  Vernon,  by  and  with  consent 
of  the  Common  Council  thereof,  shall 
appoint  a competent  resident  citizen 
of  said  city  as  a sealer  of  weights  and 
measures  whose  term  of  office  shall  be 
the  same  as  that  of  other  appointive 
officers  of  said  city. 

Section  2.  The  said  sealer  of 
weights  and  measures  shall  forthwith 
upon  his  appointment  procure  the 
proper  standards  of  weights  and  meas- 
ures for  said  city  as  required  by  law 
and  safely  keep  the  same.  It  shall  be 
his  duty  to  see  that  all  weights  and 
measures  and  apparatus  for  determin- 
ing the  quantity  of  commodities  used 
throughout  the  city  shall  agree  with 
the  standards  in  his  possession. 

Section  3.  All  persons  using  weights, 
measures,  scale-beams,  patent  bal- 
ance, steelyards  or  any  instrument 
used  in  weighing  or  measuring  any 
article  intended  to  be  purchased  or 
sold  in  the  City  of  Mount  Vernon, 
shall  cause  the  same  to  be  sealed  and 
marked  by  the  sealer  of  weights  of 
said  city,  and  the  same  shall  be  made 
conformable  to  the  standard  of  the 
State,  and  be  sealed  or  marked  by 
such  stamp  or  dye  as  may  be  desig- 
nated by  the  Common  Council,  and 
the  year  in  which  the  same  shall  be 
sealed  and  marked. 

Section  4.  It  shall  be  the  duty  of 
the  sealer  of  weights,  and  he  is  here- 
by authorized  to  inspect  and  examine 
at  least  once  in  each  year,  and  as 
much  oftener  as  he  may  think  proper, 
all  weights,  measures,  scale-beams, 
patent  balances,  steel  yards,  and  other 
instruments,  used  in  said  city  in 
weighing  and  measuring  as  aforesaid. 
But  it  shall  not  be  lawful  to  charge  or 
receive  for  such  inspection  and  exam- 
ination more  than  once  in  each  year, 
unless  such  instruments  shall  be  found 
not  conformable  to  the  stand  of  the 
state. 


42 


Section  5.  No  person  shall  refuse 
to  exhibit  any  weights,  measures, 
scale-beams,  patent  balances,  steel- 
yards, or  other  instruments  to  the 
sealer  of  weights  for  the  purpose  of 
such  inspection,  nor  shall  in  any  man- 
ner hinder,  molest,  or  obstruct  him  in 
the  performance  of  his  duties  as  here- 
in prescribed. 

Section  6.  All  weights,  measures, 
scale-beams,  steelyards,  patent  balan- 
ces, or  other  instruments  used  for 
weighing,  shall  be  inspected  at  the 
stores  and  places  where  the  same  are 
used,  but  in  case  they  are  found  not 
conformable  to  the  standard  they 
shall  be  sent  to  the  owner,  at  his  ex- 
pense to  the  police  headquarters  in 
said  city  for  adjustment  and  sealing, 
within  three  days  after  the  owner 
thereof,  shall  be  required  to  do  so,  in 
writing  by  the  sealer  of  weights. 

Section  7.  A register  of  all  instru- 
ments for  measuring  and  weighing 
which  shall  have  been  inspected  by 
the  sealer  of  weights  shall  be  kept  by 
him  in  which  shall  be  entered  in  each 
case,  by  the  said  sealer  of  weights, 
the  names  of  the  owners  or  persons  in 
possession  of  such  instruments,  the 
date  of  inspection,  whether  same  are 
conformable  to  the  standard  and  a re- 
port of  each  violation  of  any  pro- 
visions of  this  article.  It  shall  be  the 
duty  of  the  sealer  of  weights  to  re- 
port forthwith  to  the  corporation  coun- 
sel the  names  of  all  persons  violating 
any  of  the  provisions  of  this  article 
and  their  places  of  business;  and  once 
in  every  six  months  to  deliver  to  the 
city  clerk  correct  copies  of  the  entries 
in  the  register  aforesaid  for  the  period 
subsequent  to  the  date  of  the  last  pre- 
ceding return. 

Section  8.  After  the  passage  of 
this  ordinance  it  shall  not  be  lawful 
for  any  person  within  the  city  of 
Mount,  Vernon  to  use  weights,  meas- 
ures or  apparatus  used  in  determining 
the  quantity  of  commodities  sold, 
without  the  same  are  properly  sealed 
and  marked  by  the  sealer  of  weights 
and  measures  in  the  form  and  manner 
required  by  the  laws  of  the  state. 


Section  9.  The  said  sealer  shall  be 
entitled  to  receive  for  his  services  the 
sum  of  five  hundred  ($500)  dollars  per 
annum  payable  in  equal  monthly  in- 
stallments; and  a further  sum  for  his 
disbursements  in  such  amounts  and 
at  such  times  as  the  Common  Council 
may  determine;  provided,  however, 
that  the  total  sum  so  allowed  to  such 
sealer  for  such  disbursements  shall 
not  exceed  fifty  ($50)  dollars  in  any 
one  year.  The  said  sealer  shall  col- 
lect all  fees  prescribed  by  the  laws  of 
this  state  or  any  ordinance  of  this 
city  to  be  paid  by  the  person  or  per- 
sons whose  weights  and  measures  are 
so  sealed  and  marked;  and  all  such 
fees  shall  become  and  be  the  property 
of  the  City  of  Mount  Vernon,  and  shall 
be  paid  over  to  the  City  Treasurer  by 
said  sealer  once  in  each  month;  and 
said  sealer  shall,  once  in  each  month, 
make  a written  report  to  the  Common 
Council  of  his  proceedings  hereunder. 

Section  10.  Any  person  or  persons, 
or  corporation  violating  any  of  the 
provisions  of  this  ordinance  shall  be 
deemed  guilty  of  a misdemeanor  and 
punishable  by  a fine  of  not  less  than 
twenty-five  dollars  nor  more  than  fifty 
dollars  for  each  and  every  offense  or 
by  imprisonment  in  the  county  jail 
of  Westchester  county  for  not  more 
than  fifty  days,  or  by  both  such  fine 
and  imprisonment. 

CHAPTER  XXXVI. 

In  Relation  to  Sales  of  Property  at 
Auction. 

Section  1.  No  person  shall  sell  at 
auction  any  goods,  wares,  merchan- 
dise, or  other  personal  or  real  prop- 
erty within  the  city  of  Mount  Vernon, 
without  having  a license  therefor 
granted  as  provided  in  section  2 of 
this  ordinance. 

Section  2.  The  mayor  is  hereby 
authorized  to  grant  licenses  under  his 
hand  to  be  sealed  with  the  corporate 
seal  and  countersigned  by  the  city 
clerk  to  such  persons  as  he  shall 
deem  proper  to  sell  at  auction  goods, 
wares,  merchandise,  personal  or  real 


43 


property  within  the  limits  of  the  city 
of  Mount  Vernon  upon  their  giving  a 
bond  to  the  city  of  Mount  Vernon  in 
the  sum  of  five  hundred  ($500.00)  dol- 
lars conditioned  for  the  proper  dis- 
charge of  their  duties  as  such  auction- 
eers, which  license  shall  expire  on  the 
1st  day  of  May  next  after  their  issue. 
The  city  clerk  shall  collect  as  fees  for 
such  license  the  sum  of  forty  ($40.00) 
dollars  per  year. 

Section  3.  Any  person  selling  said 
goods  or  property  at  auction  within 
said  city  without  having  a license  is- 
sued therefor,  as  aforesaid  shall  be 
guilty  of  a misdemeanor  and  upon  con- 
viction thereof  shall  be  punished  by 
a fine  of  not  more  than  twenty-five 
dollars  for  each  and  every  offense,  or 
by  imprisonment  in  the  county  jail  of 
Westchester  county  for  a period  of 
not  more  than  twenty-five  days,  or  by 
both  such  fine  and  imprisonment. 

CHAPTER  XXXVII. 

In  Relation  to  Peddling. 

Section  1.  Xo  person  shall  sell  or 
peddle  any  goods,  wares,  merchandise 
or  other  property  without  a license 
therefor  granted  as  provided  in  sec- 
tion 2 of  this  ordinance. 

Section  2.  The  Mayor  is  hereby 
authorized  to  grant  licenses  under  his 
hand,  to  be  sealed  with  the  corporate 
seal  and  countersigned  by  the  city 
clerk,  to  such  persons  as  he  shall  deem 
proper,  to  peddle  goods,  wares  and 
merchandise  or  other  property  within 
the  limits  of  the  city,  which  licenses 
shall  expire  on  the  first  day  of  May 
next  after  their  issue;  but  no  such  li- 
cense shall  be  granted  to  any  person 
unless  he  shall  be  at  the  time  of  his 
application  therefor,  a citizen  of  the 
United  States,  or  has  declared  his  in- 
tention of  becoming  such  citizen  and 
taken  out  his  first  or  preliminary  citi- 
zenship papers. 

The  city  clerk  shall  collect  fees 
therefor  as  follows;  For  each  license 
to  any  person  to  peddle  merchandise 
when  using  or  employing  a horse  and 
wagon  therefor,  the  sum  of  fifteen  dol- 


lars per  year,  but  no  license  shall  be 
issued  for  such  purpose  for  any  period 
less  than  one  year.  For  each  license 
to  any  person  to  peddle  merchandise 
where  a horse  and  wagon  is  not  used, 
the  sum  of  ten  dollars  per  year,  but 
no  license  for  such  purpose  shall  be 
issued  for  a shorter  period  than  six 
months. 

The  fee  for  a transfer  of  a license 
shall  be  the  sum  of  two  dollars.  Every 
person  licensed  to  peddle  by  means  of 
a horse  and  wagon  under  the  provi- 
sions of  this  ordinance  shall  be  en- 
titled to  keep  and  use  one  cart,  wagon 
or  vehicle,  provided  such  person  be- 
fore using  such  cart,  wagon  or  vehicle, 
or  causing  the  same  to  be  used,  shall 
cause  to  be  painted  on  the  outside  of 
such  cart,  wagon  or  vehicle  his  or  her 
name,  at  length,  the  street  and  num- 
ber of  his  or  her  place  of  business  and 
the  number  of  the  license,  in  plain  let- 
ters and  figures,  put  on  with  paint. 
Said  letters  and  figures  not  to  be  less 
than  two  and  a half  inches  in  length. 

If  any  licensee  shall  desire  to  keep 
more  than  one  such  conveyance,  the 
city  clerk  is  empowered,  on  the  ap- 
plication of  such  licensee,  to  issue  a 
duplicate  of  the  original  license  for 
each  conveyance  in  excess  of  one,  on 
the  payment  to  said  clerk,  for  the  use 
of  the  city,  of  the  regular  license  fee 
for  each  such  duplicate  and  such  li- 
censee shall  thereupon  be  entitled  to 
keep  one  such  conveyance  for  each 
duplicate,  and  such  duplicate  shall  re- 
main in  force  until  the  expiration  of 
the  original  license. 

If  the  licensee  be  the  proprietor  of 
a store  in  the  City  of  Mount  Vernon, 
such  license  shall  entitle  the  licensee 
or  one  regular  employee  of  such  li- 
censee to  peddle  from  a wagon  under 
such  license.  No  more  than  the  li- 
censee or,  in  his  absence,  his  em- 
ployee, and  one  assistant  will  be  al- 
lowed to  peddle  at  a wagon  under 
each  license  issued. 

Every  person  engaged  in  peddling 
within  the  City  of  Mount  Vernon  shall, 
at  all  times  carry  with  him  or  her, 
when  so  engaged,  the  license  or  the 
duplicate  thereof  by  which  said  ped- 


44 


dling  is  authorized,  and  shall  exhibit 
the  same  upon  demand  of  any  member 
of  the  police  department  or  police 
force  of  this  city. 

All  licenses  under  this  ordinance 
shall,  at  all  times  be  subject  to  such 
rules  and  regulations  as  may  be  made 
for  their  control  and  government,  by 
the  authorities  of  the  city. 

Section  2-A.  No  vendor  or  peddler 
of  confectionery,  ice  cream  and  the 
like  shall  be  allowed  to  sell  his  or  her 
wares  within  two  hundred  and  fifty 
(250)  feet  of  any  school  between  the 
hours  of  8 o’clock  a.  m.  and  4 o’clock 
p.  m.  on  school  days. 

Section  3.  Any  person  violating,  re- 
fusing or  neglecting  to  comply  with 
any  provisions  of  this  ordinance 
shall  be  punished  by  a fine  of  not  less 
than  five  dollars  nor  more  than 
twenty-five  dollars,  or  by  imprison- 
ment in  the  county  jail  of  Westches- 
ter county  for  a period  of  not  more 
than  twenty-five  days,  or  by  both  such 
fine  and  imprisonment.  Upon  convic- 
tion of  a licensee  or  of  an  employee 
of  a licensee  for  any  violation  of  any 
of  the  provisions  of  this  ordinance,  in 
addition  to  the  penalty  above  pro- 
vided, the  Mayor  of  the  city  may  re- 
voke such  license. 

CHAPTER  XXXVIII. 

In  Relation  to  Junk  Shops. 

Section  1.  The  mayor  is  hereby 
authorized  to  grant  licenses  under  his 
hand,  to  be  sealed  with  the  corporate 
seal  and  countersigned  by  the  city 
clerk  to  such  persons  as  shall  procure 
a recommendation  in  writing  of  the 
chief  of  police  or  the  city  judge  of  the 
City  of  Mount  Vernon,  to  keep  what 
are  commonly  called  junk  shops  for 
the  sale  and  purchase  of  second  hand 
articles,  junk,  rags,  old  rope,  old  iron, 
brass,  copper,  tin,  lead,  slush,  and 
empty  bottles  and  to  collect  said  arti- 
cles; but  no  such  license  shall  be 
granted  to  any  person  unless  he  shall 
be,  at  the  time  of  his  application  there- 
for a citizen  of  the  United  States. 

Every  person  receiving  such  license 


shall  pay  therefor  the  sum  of  five 
($5.00)  dollars  for  each  wagon  em- 
ployed and  also  give  a bond  to  the 
City  of  Mount  Vernon  in  the  penal 
sum  of  one  thousand  ($1,000)  dollars 
conditioned  for  the  due  observance  of 
all  ordinances  of  the  Common  Council 
respecting  the  keeping  of  junk  shops 
at  any  time  during  the  continuance  of 
such  license. 

Section  2.  Every  keeper  of  a junk 
shop  shall  provide  and  keep  a book,  in 
which  shall  be  plainly  written  at  the 
time  of  every  purchase,  a description 
of  the  articles  so  purchased,  the  name 
and  residence  of  the  person  from 
whom  such  purchase  was  made  and 
the  day  and  hour  of  such  purchase. 
Such  book  shall  be  at  all  times  open 
to  the  inspection  of  the  mayor,  aider- 
men,  chief  of  police,  city  judge,  or  any 
police  officer  of  said  city  or  any  per- 
son authorized  in  writing  by  either  of 
them.  Every  keeper  of  a junk  shop 
shall  also  on  purchasing  any  pig  or 
pigs  of  metal,  copper  wire  or  brass 
car  journals,  cause  to  be  subscribed 
by  the  person  from  whom  purchased 
a statement  as  to  when,  where  and 
from  whom  he  obtained  such  prop- 
erty, also  his  age,  residence  by  city, 
village  or  town,  and  the  street  or  num- 
ber thereof,  if  any,  and  otherwise  such 
description  as  will  reasonably  locate 
the  same,  his  occupation  and  name  of 
his  employer  and  place  of  employment 
or  business,  which  statement  the  junk 
dealer  shall  forthwith  file  in  the  of- 
fice of  the  chief  of  police  of  the  City 
of  Mount  Vernon. 

Section  3.  Every  license  granted  to 
a keeper  of  a junk  shop  shall  desig- 
nate the  place  in  which  the  person 
receiving  the  same  is  authorized  to 
carry  on  such  business  and  no  person 
shall  carry  on  such  junk  business  at 
any  other  place  than  the  one  desig- 
nated in  such  license. 

Section  4.  Every  license  to  keep  a 
junk  shop  as  aforesaid  shall  continue 
in  force  until  the  30th  day  of  June 
next,  following  the  granting  thereof, 
unless  sooner  revoked  by  the  mayor 


45 


or  Common  Council  of  said  city,  and 
no  longer. 

Section  5.  No  junk  dealer,  his 
agent,  servant  or  employee  shall  pur- 
chase any  junk,  rags,  old  rope,  old 
iron,  brass,  copper,  tin,  lead,  slush 
and  empty  bottles  or  second  hand  ar- 
ticles from  any  minor,  knowing  or 
having  reason  to  believe  him  or  her 
to  be  such.  , 

Section  6.  No  keeper  of  a junk  shop, 
his  agent,  servant,  or  employee  shall 
purchase  any  goods  or  articles  of  the 
kind  enumerated  in  section  1,  from  any 
person  or  persons  between  the  hour 
of  sunset  and  the  hour  of  seven 
o’clock  in  the  morning. 

Section  7.  Every  junk  dealer  shall 
on  purchasing  any  of  the  property 
described  in  this  ordinance  place  and 
keep  each  separate  purchase  in  a sep- 
arate and  distinct  pile,  bundle  or 
package,  in  the  usual  place  of  busi- 
ness of  such  junk  dealer,  without  re- 
moving, melting,  cutting  or  destroying 
any  article  thereof,  for  a period  of 
five  days  immediately  succeeding  such 
purchase,  on  which  package,  bundle 
or  pile  shall  be  placed  and  kept  by 
such  dealer  a tag  bearing  the  name 
and  residence  of  the  seller,  with  the 
date,  hour  and  place  of  purchase,  and 
the  weight  thereof. 

Section  8.  Every  licensed  keeper  of 
a junk  shop  shall  have  his  name,  place 
of  business,  and  the  number  corres- 
ponding to  the  number  of  his  license 
plainly  and  conspicuously  painted  on 
every  vehicle  used  in  his  business  in 
letters  and  figures  of  not  less  than 
two  inches. 

Section  9.  Every  licensed  keeper  of 
a junk  shop,  and  every  person  em- 
ployed by  said  licensed  keeper  to  take 
charge  of  any  vehicle  to  collect  junk, 
old  rope,  rags,  old  iron,  brass,  copper, 
tin,  lead,  slush  or  empty  bottles  or 
other  articles  within  the  City  of 
Mount  Vernon  shall  procure  and  dis- 
play conspicuously  on  his  person  at 
all  times  while  engaged  in  the  busi- 
ness of  collecting  the  above  named 
articles  or  any  of  them,  a badge  bear- 


ing the  word  “Junk”  and  the  number 
corresponding  to  the  license  of  such 
person  in  plain  letters  and  figures  at 
least  one-half  inch  in  length,  and  in 
such  other  manner  as  the  mayor  may 
from  time  to  time  determine. 

Section  10.  Every  keeper  of  a junk 
shop,  his  agent,  servant  or  employee, 
shall,  on  demand  by  the  mayor,  aider- 
men,  city  judge,  chief  of  police  or  any 
police  officer  or  other  person  author- 
ized in  writing  by  either  of  the  above 
named  officers  or  magistrates  to  make 
such  demand,  exhibit  to  the  same  any 
article  or  thing  in  his  possession. 

Section  11.  No  person  shall  be  li- 
censed to  deal  in  junk,  or  to  collect 
the  same  in  the  City  of  Mount  Vernon, 
who  has  no  place  of  business  for  deal- 
ing in  said  city. 

Section  12.  No  person  shall  keep 
what  are  commonly  called  junk  shops 
nor  collect  nor  be  engaged  in  the 
business  of  collecting  old  junk,  rags, 
old  rope,  old  iron,  brass,  copper,  tin, 
lead,  slush  or  empty  bottles  within  the 
City  of  Mount  Vernon  without  first 
procuring  from  the  mayor  thereof  a 
license  therefor. 

Section  13.  Any  person  violating 
any  of  the  provisions  of  this  ordi- 
nance, shall  be  deemed  guilty  of  a 
misdemeanor  and  upon  conviction 
thereof  by  the  city  judge  of  the  said 
City  of  Mount  Vernon  shall  be  pun- 
ishable by  a fine  of  not  less  than 
twenty-five  ($25)  dollars  nor  more 
than  fifty  ($50)  dollars  for  each  of- 
fense, or  by  imprisonment  in  the 
county  jail  of  Westchester  county  for 
not  more  than  fifty  days,  or  by  both 
such  fine  and  imprisonment,  and  the 
person  convicted  shall,  in  addition  to 
other  penalties  imposed,  forfeit  his  li- 
cense to  do  business. 

CHAPTER  XXXIX. 

To  Prevent  the  Production  of  Un- 
wholesome, Offensive  or  Deleterious 

Gas  and  Smoke. 

Section  1.  No  person  shall  cause, 
suffer  or  allow  dense  smoke  to  be  dis- 


46 


charged  from  any  building,  stationary 
or  locomotive  engine  or  motor  vehicle, 
place  or  premises  within  the  City  of 
Mount  Vernon.  All  persons  participat- 
ing in  any  violation  of  this  provision, 
either  as  proprietors,  owners,  tenants, 
managers,  superintendents,  engineers, 
firemen,  motor  vehicle  operators  or 
otherwise,  shall  be  severally  liable 
therefor. 

Section  2.  Xo  corporation  or  per- 
son shall  erect  or  establish  within 
said  corporate  limits  any  manufactory 
or  place  of  business  for  boiling  any 
varnish  or  oil,  or  for  the  distilling  of 
any  ardent  or  alcoholic  spirits,  or  for 
making  any  lampblack,  turpentine,  or 
tar,  or  for  the  treating  and  refining 
of  ores,  metals  or  alloys  of  metals, 
with  acids  or  heat,  or  for  conducting 
any  other  business  that  will  or  may 
generate  any  offensive  or  deleterious 
gas,  vapor,  deposit  or  exhalation  with- 
out a permit  from  the  board  of  health. 

Section  3.  Any  person  violating  any 
provision  or  regailation  of  this  ordi- 
nance shall  be  deemed  guilty  of  a mis- 
demeanor and  upon  conviction  there- 
of by  any  magistrate,  may  be  fined  for 
such  offense  any  sum  not  less  than 
five  ($5)  dollars  and  not  exceeding 
fifty  ($50)  dollars,  or  may  be  impris- 
oned in  the  county  jail  of  Westches- 
ter county  not  less  than  five  nor  more 
than  fifty  days,  or  may  be  both  so 
fined  and  imprisoned. 


CHAPTER  XL. 

In  Relation  to  the  Ingredients  of  Il- 
luminating Gas. 

Section  1.  All  illuminating  gas  fur- 
nished to  the  residents  of  Mount  Ver- 
non shall  be  of  18  candle  power,  and 
shall  not  contain  any  sulphuretted 
hydrogen,  nor  more  than  22  grains  of 
sulphur  from  sulphur  compound,  other 
than  sulphuretted  hydrogen  per  100 
cubic  feet,  nor  more  than  four  grains 
of  ammonia  per  100  cubic  feet. 

Section  2.  Any  person,  persons,  or 
corporation  violaiing  Section  1 of  this 
ordinance,  shall  be  guilty  of  a mis- 


demeanor and  punishable  by  a fine  of 
not  less  than  twenty-five  dollars  nor 
more  than  fifty  dollars,  or  by  impris- 
onment in  the  county  jail  of  West- 
chester county  not  less  than  twenty- 
five  days  nor  more  than  fifty  days,  or 
by  both  such  fine  and  imprisonment. 

CHAPTER  XLI. 

To  Prevent  the  Oppressive  Collection 
or  Arbitrary  Charges  from  Water 
from  Citizens  of  Mount  Vernon. 

Whereas,  By  resolution  heretofore 
adopted  by  the  Common  Council  and 
approved  by  the  mayor,  which  has 
since  been  judicially  decided  to  have 
been  unauthorized,  supposed  author- 
ity has  been  granted  to  public  service 
corporations  in  turn,  which  enjoy  a 
monopoly,  to  supply  water  to  indi- 
vidual consumers  in  the  city  at  an  ex- 
cessive price,  and  advantage  has  been 
taken  of  the  same  to  coerce  the  mak- 
ing of  applications  for  such  water  sup- 
ply upon  excessive  rates  and  con- 
ditions, upon  the  threat  to  refuse  all 
supply  except  upon  such  terms,  and 
said  resolution  has  been,  as  to  such 
matters,  rescinded  and  repealed;  and 
Whereas,  the  franchise  to  use  the 
public  streets  and  various  public  con- 
veniences has  been  granted  to  such 
corporations,  whereby  they  have 
claimed  and  still  exercise  the  right 
and  privilege  to  use  said  streets  and 
conveniences  for  the  enforcement  of 
the  rights,  which  the  resolution  first 
mentioned  purports  to  confer,  where- 
by the  citizens  of  Mount  Vernon  have 
been  and  may  continue  to  be  oppres- 
sed and  whereas  it  is  expedient  that 
such  use  of  public  streets  and  con- 
veniences shall  not  continue ; now 
therefore  it  is  hereby  ordained  and 
Resolved,  That  no  water  company 
doing  business  in  the  City  of  Mount 
Vernon  shall  by  virtue  of  any  fran- 
chise heretofore  granted  by  the  City 
of  Mount  Vernon  or  any  rules  by  such 
company  adopted  in  pursuance  there- 
of, without  a warrant  or  other  due 
process  of  law,  enter  upon  the  prem- 
ises of  any  consumer  for  the  purpose 
of  turning  off  the  water  supply  or  re- 


47 


moving  a meter,  or  use  the  streets  or 
sidewalks  or  any  device,  cock  or  box 
in  the  street  or  sidewalk  to  compel 
the  payment  of  any  bill  or  claim  based 
upon  a charge  in  excess  of  fifteen 
cents  per  100  cubic  feet  of  water 
actually  supplied  or  used  or  for  the 
enforcement  of  any  bill  of  charges 
claimed  or  rendered  pursuant  to  any 
application  or  alleged  agreement  ob- 
tained, coerced  or  extorted  under  any 
claim  of  right  or  power  derived  there- 
from or  resting  upon  any  agreement 
not  purely  voluntary  on  the  part  of 
the  consumer  or  individual  affected 
thereby,  and  be  it  further 

Resolved,  That  for  each  and  every 
violation  of  this  ordinance,  the  per- 
son or  corporation  guilty  thereof,  or 
both,  shall  upon  conviction  thereof 
be  fined  the  sum  of  fifty  ($50)  dollars 
exclusive  of  costs  and  expenses  of  the 
prosecution. 

CHAPTER  XLI-a. 

Section  1.  No  leader  pipe  attached 
to  or  forming  a part  of  any  building 
heretofore  or  hereafter  erected  within 
the  corporate  limits  of  the  City  of 
Mount  Vernon,  shall  be  so  constructed 
as  to  discharge  any  part  of  the  water 
flowing  through  said  pipe  upon  or 
over  any  sidewalk,  flagwalk  or  board- 
walk within  the  said  city. 

Section  2.  Any  violation  of  the  pro- 
visions of  this  ordinance  shall  be  pun- 
ishable by  a fine  of  ten  dollars,  or  by 
imprisonment  in  the  county  jail  of 
Westchester  county  in  default  of  the 
payment  of  any  fine  imposed  hereun- 
der at  the  rate  of  one  day’s  imprison- 
ment for  each  debar  of  the  fine. 

Section  3.  If  any  person  convicted 
under  the  provisions  of  this  ordinance 
shall,  nevertheless,  continue  to  main- 
tain any  leader  pipe  in  violation  of  the 
provisions  of  this  ordinance,  each 
day’s  continuance  of  such  violation 
shall  be  deemed  a separate  offence 
against  the  provisions  of  such  ordin- 
ance, and  such  person  shall  be  liable 
to  prosecution  hereunder  accordingly. 


CHAPTER  XLI-b. 

Section  1.  No  person  shall  at  any 
time  drive  any  coach,  carriage,  hack, 
cab,  wagon  or  vehicle  of  any  descrip- 
tion to  which  a horse  or  horses  are  at- 
tached, nor  any  other  kind  or  descrip- 
tion of  a vehicle,  whether  operated  by 
steam,  electricity  or  gasoline,  upon  or 
over  any  sidewalk  or  flagwalk  within 
the  corporate  limits  of  the  City  of 
Mount  Vernon,  except  after  comply- 
ing with  the  provisions  of  Chapter 
XIV.  of  these  ordinances.  It  is  not 
intended  by  the  provisions  of  this  or- 
dinance to  prohibit  driving  upon  or 
over  any  sidewalk  or  flagwalk  which 
forms  a part  of  any  properly  con- 
structed driveway  leading  from  any 
public  street  to  any  barn  or  garage 
erected  upon  any  property  abutting 
upon  such  public  street  or  highway. 

Section  2.  Any  violation  of  the  pro- 
visions of  this  ordinance  shall  be  pun- 
ishable by  a fine  of  five  dollars,  or  by 
imprisonment  in  the  county  jail  of 
Westchester  county  in  default  of  the 
payment  of  any  fine  imposed  hereun- 
der at  the  rate  of  one  day’s  imprison- 
ment for  each  dollar  of  the  fine. 

CHAPTER  XLI-c. 

Relating  to  Operating  of  Street  Cars. 

(Added  March  1,  1910;  Rescinded 

March  15,  1910.) 

CHAPTER  XLl-d. 

Rules  for  Driving  and  the  Regulation 
of  Street  Traffic  in  the  City  of 
Mount  Vernon. 


ARTICLE  I. 

Importance  of  Keeping  to  the  Right, 
Passing,  Turning,  Crossing  and 
Stopping. 

Section  1.-  A vehicle,  except  when 
passing  a vehicle  ahead,  shall  keep  as 
near  the  right  hand  curb  as  possible. 

Section  2.  A vehicle  meeting  an- 
other shall  pass  to  the  right. 


48 


Section  3.  A vehicle  overtaking  an- 
other shall  pass  on  the  left  side  of  the 
overtaken  vehicle  and  not  pull  over 
to  the  right  until  entirely  clear  of  it. 

Section  4.  On  an  avenue  or  street, 
divided  longitudinally  by  a parkway, 
walk,  sunkenway  or  viaduct,  vehicles 
shall  keep  to  the  right  of  such  di- 
visions. 

Section  5.  A vehicle  turning  into  an- 
other street  to  the  right  shall  turn 
the  corner  as  near  the  right  hand  curb 
as  practical. 

Thus; 


Section  6.  A vehicle  turning  into  an- 
other street  to  the  left  shall  turn 
around  the  center  of  intersection  of 
the  two  streets. 

Thus: 


) I 

X 

S 

J 

Section  7.  A vehicle  crossing  from 
one  side  of  the  street  to  the  other 
shall  do  so  (as  per  illustration). 

Thus: 


Not  this  way.  Nor  this  way. 





Section  8.  No  vehicle  shall  stop 
with  its  left  side  to  the  curb,  except 
on  established  cab,  hack  and  truck 
stands,  and  in  streets  where  and 
when  one-way  traffic  is  directed  by 
white  arrow  signs. 

Section  9.  No  vehicle  shall  stand 
backed  up  to  the  curb,  except  when 
actually  loading  or  unloading,  and  if 
said  vehicle  is  horse-drawn  and  has 
four  wheels,  the  horse  or  horses  must 
stand  parallel  to  the  curb  and  faced 
in  the  direction  of  traffic,  but  no  ve- 
hicle shall  stand  so  backed  up  if  it  in- 
terferes with  or  interrupts  the  pas- 
sage of  other  vehicles  or  street  cars. 

Section  10.  No  vehicle,  unless  in  an 
emergency  or  to  allow  another  ve- 
hicle or  pedestrian  to  cross  its  path, 
shall  stop  in  any  public  street  or  high- 
way, except  near  the  right-hand  curb 
thereof  and  so  as  not  to  obstruct  a 
crossing. 

Section  11.  No  vehicle  shall  back  to 
make  a turn  in  any  street,  if  by  so 
doing  it  interferes  with  other  vehicles, 
but  shall  go  around  the  block  or  to  a 
street  sufficiently  wide  to  turn  in  with- 
out backing. 

Section  12.  Sections  8,  9,  10  and  11 
of  this  article  shall  not  apply  to  the 
city  contractor  in  the  collection  of 
garbage  and  ashes. 

Section  13.  No  vehicle,  other  than 
street  cars,  shall  stand  on  Prospect 
avenue  between  the  easterly  line  of 
North  Second  avenue  and  a point 
eighty-five  feet  easterly  thereof. 

ARTICLE  II. 

Signals. 

Section  1.  In  slowing  up  or  stop- 
ping, a signal  shall  be  given  to  those 
behind  by  raising  the  whip  or  hand, 
vertically. 

Section  2.  In  turning,  while  in  mo- 


Not  this  way. 


49 


tion,  or  in  starting  to  turn  from  a 
standstill,  a signal  shall  be  given  by 
raising  the  whip  or  hand,  indicating 
with  it  the  direction  in  which  the  turn 
is  to  be  made. 

Section  3.  Before  backing,  ample 
warning  shall  he  given,  and  while 
backing  unceasing  vigilance  must  be 
exercised  not  to  injure  those  behind. 

Section  4.  Vehicles  and  street  cars 
must  stop  so  as  not  to  interfere  with 
the  passage  of  pedestrians  at  the 
crossings.  Three  or  more  blasts  of  a 
police  whistle  is  a signal  of  alarm 
and  indicates  the  approach  of  a fire 
engine  or  some  other  danger. 

Section  5.  No  vehicle  shall  be  used 
on  any  street  or  highway  unless  pro- 
vided with  lights  and  sound  signals 
as  prescribed  by  law. 

ARTICLE  Ml. 

Right  of  Way. 

Section  1.  Police,  Fire  Department, 
Fire  Patrol,  Traffic  Emergency  Repair, 
U.  S.  Mail  vehicles,  and  ambulances 
shall  have  the  right  of  way  in  any 
street  or  avenue. 

Section  2.  Subject  to  Section  1 of 
this  Article,  everything  being  equal, 
all  vehicles  and  street  cars  going  in 
an  easterly  or  westerly  direction  shall 
have  the  right  of  way  over  all  vehi- 
cles and  street  cars  going  in  a north- 
erly or  southerly  direction. 

Section  3.  Subject  to  Section  1 of 
this  Article,  street  cars  shall  have  the 
right  of  way  over  all  other  vehicles 
and  the  driver  of  any  vehicle,  pro- 
ceeding upon  the  track  in  front  of  a 
street  car,  shall  immediately  turn  out 
upon  signal  by  the  motorman,  driver 
or  conductor  of  the  car. 

Section  4.  No  vehicle  or  street  car 
shall  so  occupy  any  street  as  to  in- 
terfere with  or  interrupt  the  passage 
of  other  street  cars  or  vehicles. 

Section  5.  No  vehicle  shall  stand 
headed,  or  be  driven,  on  any  street 
marked  by  a white  arrow  sign,  ex- 
cept in  the  direction  indicated  by  the 
arrow;  but  it  may  stop  at  either  curb. 

Section  6.  A vehicle  waiting  at  the 
curb  shall  promptly  give  place  to  a 


vehicle  about  to  take  on  or  let  off  pas- 
sengers. 

Section  7.  The  driver  of  a vehicle,, 
on  the  approach  of  a fire  engine  or 
any  other  fire  apparatus,  shall  imme- 
diately draw  up  said  vehicle  as  near 
as  practicable  to  the  right-hand  curb 
and  parallel  thereto  and  bring  it  to  a 
standstill. 

Section  8.  The  driver  of  a street  car 
shall  immediately  stop  said  car  and 
keep  it  stationary  upon  the  approach 
of  a fire  apparatus  or  other  vehicle 
having  the  right  of  way. 

Section  9.  Street  cars  shall  be 
brought  to  a full  stop  and  all  other 
vehicles  shall  use  extreme  caution 
when  approaching  a crossing  or  place 
designated  by  the  sign,  “Traffic 
Point.”  The  Common  Council  shall 
from  time  to  time  designate  such 
crossing  or  places  at  which  said  signs 
shall  be  placed. 

Section  10.  Street  cars  shall  not  be 
stopped  on  any  railroad  bridge,  or  in 
South  Fourth  avenue  at  or  near  First 
street,  but  shall  continue  through  in- 
to First  street. 

Section  11.  No  vehicle  shall  stand 
parallel  to  the  curb  so  as  to  interfere 
with  or  interrupt  the  passage  of  other 
vehicles  at  any  point  used  as  a start- 
ing point  for  street  cars,  except  when 
such  vehicle  is  actually  loading  or  un- 
loading. 

ARTICLE  IV. 

Speed. 

Section  1.  No  vehicle  shall  proceed 
at  any  time  at  a greater  speed  than 
the  law  allows  and  is  safe  and  proper- 
under  the  conditions  then  obtaining. 

Section  2.  Extreme  caution  must 
be  exercised  by  drivers  of  vehicles 
and  street  cars  when  approaching  and 
passing  school-houses  or  fire  houses, 
and  also  when  crossing  streets  or  ave- 
nues on  which  school-houses  or  fire 
houses  are  located. 

Section  3,  No  vehicle  shall  cross 
any  street  or  avenue  or  make  any 
turn  at  a speed  rate  exceeding  one- 
half  its  legal  speed  limit. 


50 


ARTICLE  V. 

Overtaking  Street  Cars. 

Section  1.  In  overtaking  or  meet- 
ing a street  car  which  has  been 
stopped  for  the  purpose  of  receiving 
or  discharging  a passenger  or  pas- 
sengers, no  vehicle,  including  a motor 
vehicle,  shall  pass  or  approach  within 
eight  (8)  feet  of  said  car  so  long  as 
same  is  so  stopped  and  remains  stand- 
ing for  the  purpose  aforesaid. 

ARTICLE  VI. 

Control  of  Horses. 

Section  1.  No  horse  shall  be  left 
unattended  in  any  street  or  highway 
unless  securely  fastened  or  unless  the 
wheels  of  the  vehicle  to  which  he  is 
harnessed  are  securely  tied,  fastened 
or  chained,  and  the  vehicle  is  of  suffi- 
■ cient  weight  to  prevent  its  being 
dragged  at  a dangerous  speed  with 
wheels  so  secured. 

Section  2.  No  horse  shall  be  un- 
bitted in  any  street  or  highway  unless 
secured  by  a halter. 

Section  3.  No  one  shall  remove  a 
wheel,  pole,  shaft,  whiffletrees,  splin- 
ter-bar or  any  other  part  of  a vehicle 
or  any  part  of  harness,  likely  to  cause 
accident  if  the  horse  or  horses  start, 
without  first  unhitching  the  horse  or 
horses  attached  to  said  vehicle. 

Section  4.  No  one  shall  cease  to 
hold  the  reins  in  his  hands  while 
riding,  driving  or  conducting  a horse. 

ARTICLE  VII. 

Vehicles. 

Section  1.  No  one  shall  drive  a ve- 
hicle that  is  so  covered  in  or  con- 
structed as  to  prevent  the  driver 
thereof  from  having  a sufficient  view 
of  the  traffic  following  and  at  the  sides 
of  such  vehicle. 

Section  2.  No  one  shall  drive  or 
conduct  any  vehicle  in  such  condition, 
so  constructed  or  so  loaded  as  to  be 
likely  to  cause  delay  in  the  traffic  or 


accident  or  injury  to  man,  beast  or 
property  or  to  overload  such  vehicle 
so  as  to  allow  the  contents  to  fall  on 
the  streets  or  highways. 

Section  3.  No  one  shall  so  load  a ve- 
hicle, or  drive  a vehicle  so  loaded, 
with  iron  or  other  material  that  may 
strike  together  without  its  being  prop- 
erly “deafened,”  so  as  to  cause  no  un- 
necessary noise. 

Section  4.  No  one  shall  drive  a pub- 
lic, numbered,  licensed  or  business  ve- 
hicle who  is  less  than  sixteen  years 
of  age. 

Section  5.  No  one  shall  ride  upon 
the  rear  end  of  any  vehicle  without 
the  consent  of  the  driver,  and  when 
so  riding  no  part  of  the  person’s  body 
shall  protrude  beyond  the  limits  of 
the  vehicle. 

Section  6.  No  cut-out  or  cut  outs 
shall  be  used  on  the  muffier  or  muf- 
flers of  any  motor  cycle,  motor  bicycle 
or  motor  vehicle  except  by  officers 
and  members  of  the  Police  and  Fire 
Departments  when  in  performance  of 
their  respective  official  duty. 

ARTICLE  VIII. 

Condition  and  Treatment  of  Horses. 

Section  1.  No  one  shall  ride  or 
drive  a horse  not  in  every  respect  fit 
for  use  and  capable  for  the  work  upon 
which  it  is  employed  and  free  from 
lameness  or  sores,  calculated  to  cause 
pain,  or  any  vice  or  diseases  likely  to 
cause  accident  or  injury  to  person  or 
property. 

Section  2.  No  one  shall  ill-treat, 
overload,  overdrive,  override  or  cruel- 
ly or  unnecessarily  beat  any  horse. 

Section  3.  No  one  shall  crack  or  so 
use  a whip  as  to  annoy,  interfere  with 
or  endanger  any  person  or  excite  any 
horse  other  than  that  w’hich  he  is 
using. 

ARTICLE  IX. 

The  Respective  Rights  and  Duties  of 
Drivers  and  Pedestrians. 

The  roadbed  of  highways  and  streets 


51 


are  primarily  intended  for  vehicles, 
but  pedestrians  have  the  right  to  cross 
them  in  safety,  and  drivers  of  vehicles 
and  street  cars  must  exercise  all  pos- 
sible care  not  to  injure  pedestrians. 
Pedestrians  should,  on  their  part, 
never  step  from  the  sidewalk  to  the 
roadbed  without  first  looking  to  see 
what  is  approaching,  and  should  not, 
needlessly  interfere  with  the  passage 
of  vehicles  or  street  cars. 

By  crossing  a street  as  nearly  as 
possible  at  right  angles,  preferably  at 
a regular  crossing,  and  when  a police- 
man is  stationed  there,  by  waiting  for 
his  signal,  pedestrians  will  greatly 
add  to  their  own  safety,  facilitate  the 
movement  of  traffic,  and  make  it 
much  less  difficult  for  horses,  which 
often  have  to  be  reined  suddenly  and 
painfully  to  avoid  careless,  unthink- 
ing pedestrians.  Nothing  in  the  fore- 
going should  excuse  drivers  from  con- 
stant vigilance  to  avoid  injury  to 
pedestrians  under  all  conditions. 

ARTICLE  X. 

Definitions. 

Section  1.  The  word  vehicle  includes 
equestrians,  led  horses  and  everything 
on  wheels  or  runners,  except  street 
cars. 

Section  2.  The  word  horse  includes 
all  domestic  animals. 

Section  3.  The  word  driver  includes 
the  rider  and  driver  of  a horse  or 
horses,  the  rider  of  wheels  and  the 
operator  of  motor  vehicle  or  a street 
car. 

ARTICLE  XI. 

Obedience. 

Section  1.  Drivers  of  vehicles  and 
street  cars  must  at  all  times  comply 
with  any  directions  by  voice  or  hand 
or  police  whistle  of  any  member  of 
the  police  force,  as  to  stopping,  start- 
ing, approaching  or  departing  from 
any  place;  the  manner  of  taking  up 
or  setting  down  passengers  or  loading 
or  unloading  goods  in  any  place. 

Section  2.  Ignorance  of  these  rules 


shall  furnish  no  excuse  for  disregard- 
ing them. 

ARTICLE  XII. 

Penalties  for  Violation. 

Section  1.  Any  person  violating  any 
provisions  or  regulation  hereof  shall 
be  deemed  guilty  of  a misdemeanor, 
and  upon  conviction  thereof  may  be 
sentenced  to  pay  a fine  for  such  of- 
fence of  any  sum  not  less  than  one 
dollar  and  not  exceeding  ten  dollars, 
and  in  default  of  payment  of  such 
fine  may  be  committed  to  prison  until 
the  fine  be  paid,  but  such  imprison- 
ment shall  not  exceed  ten  days. 

ARTICLE  XIII. 

Section  1.  All  ordinances  hereto- 
fore adopted  by  the  Common  Council 
of  the  City  of  Mount  Vernon,  incon- 
sistent with  the  provisions  of  this  or- 
dinance, are  hereby  repealed. 

ARTICLE  Xlll-a. 

Section  1.  The  provisions  of  this  or- 
dinance shall  not  apply  between  the 
hours  of  10  P.  M.  and  6 A.  M. 

ARTICLE  XIV. 

Section  1.  This  ordinance  shall  take 
effect  March  4,  1911. 

CHAPTER  XLI-e. 

Ordinance  Relating  to  Carrying  Pis- 
tols, Etc. 

(Abrogated  by  Chapter  608,  Laws  of 
1913.) 

CHAPTER  XLI-e. 

In  Relation  to  the  Regulation  of  Bil- 
liard Rooms. 

Section  1.  No  person,  association, 
copartnership  or  corporation  shall 
keep,  open,  maintain  or  operate  within 
the  City  of  Mount  Vernon  any  public 
billiard  or  pool  room  without  a license 
therefor  granted  as  provided  in  this 
ordinance. 


52 


Section  2.  The  mayor  is  hereby  au- 
thorized to  grant  licenses  under  his 
hand,  to  be  sealed  with  the  corporate 
seal  and  countersigned  by  the  City 
Clerk  to  such  persons  as  he  shall  deem 
proper,  to  keep,  open,  maintain  and 
operate  public  billiard  and  pool  rooms, 
which  licenses  shall  expire  on  the  first 
day  of  May  next  after  their  issue. 

The  City  Clerk  shall  collect  an  an- 
nual license  fee  of  $10  for  each  license 
issued,  but  no  license  shall  be  issued 
for  a less  period  of  time  than  to  the 
first  day  of  May  next  after  the  date  of 
issue. 

A license  may  be  transferred  from 
one  place  to  another  or  from  the 
licensee  to  another  in  the  discretion 
of  the  mayor,  to  be  evidenced  by  his 
endorsement  upon  the  original  license. 
The  fee  for  such  a transfer  shall  be 
$2.00,  to  be  paid  to  the  City  Clerk. 

Every  such  licensed  place  and  each 
and  every  part  thereof,  shall  at  all 
times  be  open  to  police  inspection. 

Section  3.  Any  pool  or  billiard  ta- 
ble in  a place  open  to  the  public  shall 
be  deemed  to  be  included  within  the 
terms  of  this  ordinance,  and  every 
keeper  of  a public  place  where  there 
are  pool  and  billiard  tables  shall  main- 
tain good  order  and  allow  no  person 
under  16  years  of  age  to  play  therein. 

Section  4.  Any  person  violating,  re- 
fusing or  neglecting  to  comply  with 
Section  1 of  this  ordinance  shall  up- 
on conviction  thereof  punished  by  a 
fine  of  twenty-five  ( $25.00)  dollars  or 
by  imprisonment  in  the  county  jail 
of  Westchester  County  for  a period 
of  not  more  than  twenty-five  days  or 
by  both  such  fine  and  imprisonment. 
In  addition  to  such  other  pains  and 
penalties  as  may  be  prescribed  by  the 
General  Law  for  violations  of  sections 
2 and  3 of  this  ordinance,  the  mayor 
may,  in  his  discretion,  revoke  the  li- 
cense of  the  offender  after  giving  the 
licensee  an  opportunity  to  be  heard. 

The  Mayor  may  also  in  his  discre- 
tion revoke  the  license  of  any  licensee 
under  this  ordinance  after  givng  the 
holder  thereof  an  opportunity  to  be 
heard,  if  any  gambling  with  cards. 


dice  or  other  device  is  carried  on  in 
such  licensed  premises,  or  if  the  pro- 
visions of  the  Sunday  Law  are  vio- 
lated in  said  premises,  whether  such 
conduct  is  or  is  not  known  to  the 
keeper  of  such  licensed  place. 

The  habitual  resort  to  such  a place 
by  persons  for  the  purpose  of  making 
a hand  book  or  betting  on  the  races, 
or  betting  on  any  other  event  on 
which  wagers  are  customarily  made, 
or  the  selling  of  chances,  lottery  tick- 
ets or  the  like,  or  the  habitual  use 
of  any  telephone  maintained  in  such 
premises  for  the  receipt  of  racing  in- 
formation or  information  respecting 
the  drawing  of  lotteries  or  the  result  of 
sporting  events  may  also,  in  the  dis- 
cretion of  the  mayor,  be  sufficient 
grounds  for  the  revocation  of  such  li- 
cense. No  rebate  for  any  cause  will 
be  given  for  any  unexpired  portion  of 
any  license  granted  under  the  provis- 
ions of  this  ordinance. 

Section  5.  This  ordinance  shall 
take  effect  on  and  after  the  due  pub- 
lication thereof. 

CHAPTER  XLI-f. 

Section  1.  It  shall  not  be  lawful  for 
any  person  or  corporation  to  run  or 
operate  any  trolley  car  on  any  street 
or  highway  in  the  City  of  Mount  Ver- 
non, unless  the  person  running  or 
operating  such  car  shall  have  previ- 
ously had  fifteen  days’  actual  experi- 
ence in  such  running  or  operation  un- 
der the  supervision  and  instruction  of 
a competent  person. 

Section  2.  The  term  competent  per- 
son as  used  in  this  ordinance  shall  be 
construed  as  meaning  any  person  who 
shall  have  regularly  run  and  operated 
any  such  car  on  any  street  or  highway 
in  the  City  of  Mount  Vernon  for  a pe- 
riod of  fifteen  days. 

Section  3.  It  shall  be  the  duty  of 
any  such  person  or  corporation  prior 
to  such  running  or  operation  to  file 
or  cause  to  be  filed  in  the  office  of  the 
City  Clerk  of  the  City  of  Mount  Ver- 
non a certificate  to  the  effect  that  the 
provisions  of  this  ordinance  have  been 
complied  with. 


53 


Section  4.  Any  person  violating  the 
provisions  of  this  ordinace  shall  be 
guilty  of  a misdemeanor,  and  each  and 
every  person  and  each  and  every  cor- 
poration, the  officers,  agents  and  serv- 
ants of  which  shall  violate  any  of  the 
provisions  of  this  ordinance  shall  be  li- 
able to  a penalty  in  the  sum  of  twenty- 
five  ($25.00)  dollars  for  each  and  ev- 
■ery  time  any  such  car  shall  be  so  run 
or  operated  in  violation  of  this  ordin- 
ance, which  penalty  or  penalties  shall 
be  recovered  in  a civil  suit  or  suits 
brought  by  the  corporation  counsel  in 
the  name  and  for  the  benefit  of  the 
City  of  Mount  Vernon,  and  shall  be 
paid  to  the  city  treasurer. 

Section  5.  This  ordinance  shall  not 
apply  to  any  person  or  persons  run- 
ning or  operating  any  such  car  on  any 
street  or  highway  in  the  City  of  Mount 
Vernon  at  the  time  of  the  adoption  of 
this  ordinance. 

CHAPTER  XLI-g. 

Relating  to  Licenses  to  Conduct 
Transient  Retail  Business. 

Section  1.  No  person,  whether  act- 
ing as  principal  or  as  agent  for  anoth- 
er, shall  conduct  a transient  retail 
business  in  any  store  in  the  City  of 
Mount  Vernon  for  the  sale  of  goods 
which  shall  be  represented  or  adver- 
tised as  a bankrupt  stock  or  as  as- 
signed stock  or  as  goods  damaged  by 
fire,  water,  or  otherwise,  or  by  any 
such  like  representation  or  device, 
without  first  taking  out  a license 
therefor  as  hereinafter  provided. 

Section  2.  The  mayor  is  hereby  au- 
thorized to  grant  licenses  under  his 
hand,  to  be  sealed  with  the  corporate 
seal,  and  countersigned  by  the  City 
Clerk,  to  such  persons  as  he  shall 
deem  proper,  to  conduct  such  transient 
retail  business  for  the  sale  of  goods, 
wares  and  merchandise,  representing 
the  same  as  hereinbefore  set  forth,  for 
which  license  the  City  Clerk  shall  col- 
lect a fee  of  fifty  dollars.  No  such  li- 
cense shall  be  issued  for  a less  period 
than  one  month,  and  it  shall  be  re- 
newed monthly  during  the  continuance 


of  such  business,  and  the  City  Clerk 
shall  collect  a fee  of  fifty  dollars  for 
each  renewal  thereof. 

Section  3.  Any  person  violating  any 
of  the  provisions  of  this  ordinance 
shall  upon  conviction  be  fined  the 
sum  of  fifty  dollars,  and  in  default  in 
the  payment  of  such  fine,  or  any  part 
thereof,  be  confined  in  the  county  jail 
of  Westchester  county  one  day  for 
each  dollar  of  fine  unpaid. 

Section  4.  This  ordinance  shall  take 
effect  upon  the  due  publication  there- 
of. 

CHAPTER  XLM. 

Miscellaneous  Provisions. 

Section  1.  The  word  “person”  or 
“persons”  wherever  used  in  these  or- 
dinances shall  be  construed  to  include 
a corporation  or  corporations;  the 
word  “street”  to  include  all  public 
streets,  avenues,  parks,  squares,  al- 
leys or  lanes;  and  the  word  “city”  to 
mean  the  city  of  Mount  Vernon. 

Section  2.  The  penalty  for  viola- 
tion of  any  of  these  ordinances,  when 
not  otherwise  specified,  shall  be  a 
fine  of  not  less  than  one  dollar  nor 
more  than  fifty  dollars,  or  imprison- 
ment in  the  county  jail  of  Westches- 
ter county  for  not  less  than  one  day 
nor  more  than  fifty  days,  or  both  such 
fine  and  imprisonment. 

Section  3.  All  ordinances  of  the 
city  of  Mount  Vernon  heretofore 
adopted  are  hereby  repealed,  ex- 
cept a certain  ordinance  dated  Feb- 
ruary 7,  1905,  and  entitled  “An  ordi- 
nance for  the  construction  of  build- 
ings, fire  protection  and  vaults,” 
which  is  commonly  known  as  “the 
building  ordinance,”  and  all  ordinan- 
ces adopted  since  February  7,  1905, 
amendatory  of  said  “building  ordi- 
nance,” and  except  also  the  Sanitary 
Code  of  the  Board  of  Health  of  the 
city  of  Mount  Vernon,  N.  Y.,  adopt- 
ed May  3,  1892,  and  the  amendments 
thereof  adopted  since  May  3,  1892; 
but  said  repeal  shall  not  interfere 
with  or  affect  the  prosecution  of  any 


54 


violation  nor  prevent  the  imposition 
of  any  penalty,  fine  or  term  of  impris- 
onment which  may  have  accrued  at 
the  time  of  the  taking  effect  of  these 
ordinances. 


Section  4.  These  ordinances  shall 
be  published  twice  in  each  of  the  of- 
ficial newspapers  of  the  city  of  Mount 
Vernon,  and  shall  take  effect  on  the 
first  day  of  July,  1907. 


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